NATIONAL MASTER UNITED PARCEL SERVICE

AGREEMENT

For The Period August 1, 2018

through July 31, 2023

NATIONAL MASTER UNITED PARCEL SERVICE

AGREEMENT

For The Period August 1, 2018 through July 31, 2023

49261_Ltrhd.indd 1 6/11/08 12:44:09 AM

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Air Operation ...............................................................................152 Preamble.................................................................................152 Air Drivers ............................................................................153 Air Walkers ...........................................................................159 Air Hub and Gateway Operations .........................................160 Start Times for Air Shuttle and Air Feed Drivers ..................164 Grievance Procedure .............................................................164 Wages ....................................................................................165Change of Operations .................................................................144Compensation Claims ...................................................................35 Temporary Alternate Work ......................................................36 Permanently Disabled Employees ..........................................38Competition ...................................................................................79Cost-of-Living (COLA) ................................................................91 Duration ......................................................................................181Emergency Reopening ..................................................................85Employee’s Bail, License, Substance and Alcohol Testing ........105Employee’s Bail And/Or Court Appearance ...............................105 Suspension or Revocation of License ...................................106 Controlled Substances Testing ..............................................106 Employees Who Must Be Tested ..........................................107 Testing ...................................................................................107 Screening Test .......................................................................108 Confirmatory Test ..................................................................108 Laboratory Testing ................................................................110 Types of Testing Required .....................................................110 Pre-Qualification Testing ......................................................110 Reasonable Cause Testing .....................................................110 Post-Accident Drug Testing ..................................................111 Random Testing ....................................................................112 Notification ...........................................................................113 Rehabilitation and Testing After Return to Duty/SAP And Employer Duties .......................................................114 Substance Abuse Professional (SAP) ....................................115 Employer Responsibilities ....................................................116 Disciplinary Action ...............................................................116 Preparation for Testing ..........................................................117

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Specimen Collection Procedures ..........................................118 Specimen Shipping Preparations ..........................................121 Medical Review Officer ........................................................122 MRO Determination ..............................................................123 Record Retention ...................................................................124 Release of Drug Testing Information ....................................124 Paid For Time ........................................................................125 Alcohol Testing .....................................................................125 Employees Who Must Be Tested ..........................................126 Testing ...................................................................................126 Screening Test .......................................................................126 Confirmatory Test ..................................................................127 Types of Testing Required .....................................................127 Reasonable Cause Testing .....................................................127 Post-Accident Alcohol Testing ..............................................128 Random Testing-Random Employee Selection ....................129 Notification ...........................................................................131 Rehabilitation and Testing after Return to Duty ...................131 Discipline ..............................................................................132 Preparation for Testing ..........................................................134 Specimen Testing Procedures ...............................................135 Substance Abuse Professional (SAP) ....................................136 Record Retention ...................................................................137 Release of Alcohol Testing Information ...............................137 Paid for Time .........................................................................138Examination and Identification Fees .............................................69 Required Examination .............................................................69 Return to Work Examination ..................................................69 Third Doctor Procedure ..........................................................69 Disqualified Driver-Alternative Work .....................................70 Identification ...........................................................................70Extra Contract Agreements ...........................................................16Full-time Employees ...................................................................167 Full-time Wage Increases ......................................................167 Full-time Wage Progression ..................................................168 Full-time Inside Wages .........................................................169Full-Time Inside and Combination Employees .............................71Funeral Leave ................................................................................87

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Garnishments ................................................................................89Health & Welfare and Pension ......................................................92Hourly Training .............................................................................18Inspection Privileges .....................................................................78Jurisdictional Disputes ..................................................................89Jury Duty .......................................................................................86Leave of Absence ..........................................................................42 Loss of License .......................................................................43 Leave of Absence ....................................................................43 Alternate Work (Other than Alcohol/Controlled Substance) .....43 Alternative Work (Alcohol/Controlled Substance) .................44 CDL Qualification ...................................................................45 Maternity and Paternity Leave ................................................45 Rehabilitation Program-Leave of Absence .............................46 Family and Medical Leave Act (FMLA) ................................47Local and Area Grievance Machinery ...........................................20Loss and Damage ..........................................................................30Management-Employee Relations ..............................................139Memorandum of Understanding .................................................183Military Clause ..............................................................................39National Grievance Procedure ......................................................22 Work Stoppages ......................................................................22New Equipment .............................................................................16Nondiscrimination .......................................................................139Over 70 Pound Service Package Handling .................................178 On Area Package Handling ...................................................178 Package Identification ...........................................................179 Inside Package Handling Procedures ....................................180Paid For Time ................................................................................49 Part-time Employees .....................................................................71 Wages ......................................................................................76 Part-time Employee Transfer ..................................................77 Benefit Entitlements ................................................................77 Part-time UPS Cartage Services (CSI) Employees .................77Parties to the Agreement .................................................................1 Operations Covered ...................................................................1 Employees Covered ..................................................................2 Transfer of Company Title or Interest .......................................2

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Passengers .....................................................................................34Polygraph/Timeclocks ..................................................................33Posting ...........................................................................................68Premium Services .......................................................................172 Job Protection ........................................................................172 Sleeper Team Operations ......................................................173 Mileage Rates ........................................................................177 Joint Premium Service Review Committee ..........................177Protection of Rights ......................................................................29 Picket Line ..............................................................................29 Struck Goods ...........................................................................29 Grievances ...............................................................................30Recognition, Union Shop and Checkoff .........................................5 Recognition ...............................................................................5 Union Shop and Dues ...............................................................6 Dues Checkoff and Joint Dues Committee ...............................7 Work Assignments ....................................................................9 Supervisors Working ...............................................................10Safety and Health Equipment, Accidents and Reports .................51 Preamble ..................................................................................51 Employee’s Rights-Equipment, Vehicles and Conditions .......52 Out of Service Equipment and Vehicle Reports ......................53 Accidents and Reports ............................................................54 Seats ........................................................................................56 Sun Visors ...............................................................................56 Building Heat ..........................................................................56 Indoor Air Pollution ................................................................56 Trailer Configuration ...............................................................57 Radios .....................................................................................57 Distracted Drivers ....................................................................58 Tires .........................................................................................58 Shocks .....................................................................................58 Mirrors ....................................................................................58 Dollies .....................................................................................59 Exhaust Systems .....................................................................59 Package Cars ...........................................................................59 Driver Safety and Security ......................................................60 Heaters and Defrosters ............................................................60

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Noise Abatement .....................................................................61 Vehicle Integrity ......................................................................61 Vehicle and Personal Safety and Equipment ...........................61 Qualification on Equipment ....................................................61 Clerical Areas ...........................................................................61 National UPS/IBT Safety and Health Committee ...................62 National UPS/IBT Safety and Health Committee-Safety Health and Equipment Issues .............................................62 National UPS/IBT Safety and Health Grievance Committee ...62 Climatic Conditions Committee .............................................63 Safety and Health Committees ................................................63 Hazardous Materials Handling Program .................................65 Incompatible Package Handling .............................................67 Union Liability ........................................................................67 Egress .......................................................................................68 Building Security ....................................................................68 Recording Devices ...................................................................68Sanitary Conditions .......................................................................15Scope of the Agreement ..................................................................4 Single Bargaining Unit ..............................................................4 Riders ........................................................................................4Separability and Savings ...............................................................78Separation of Employment ...........................................................78Stewards ........................................................................................12Subcontracting ..............................................................................90Surepost .........................................................................................82Sympathetic Action .......................................................................86Tax Deferred Savings Plan 401(k) ................................................88Technological Change ...................................................................17Trailer Repair Shop .....................................................................147 Recognition ...........................................................................148 Employee Classifications ......................................................148 Wage Rates By Classification ...............................................148 Health and Welfare ................................................................149 Pension ..................................................................................149 Seniority ................................................................................149 General ..................................................................................150 Movement of Equipment .......................................................150

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Amendments .........................................................................151 Paint and Body Facilities ......................................................151 Training Program ..................................................................151Trailer Conditioners, Inc. ............................................................151Uniforms .....................................................................................171Union Activity ...............................................................................71Workweek Reduction ....................................................................169.5 Procedures .............................................................................141

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NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT

For the Period: August 1, 2018 through July 31, 2023

covering:

operations in, between and over all of the states, territories, and possessions of the United States and operations into and out of all contiguous territory. The UNITED PARCEL SERVICE, INC., an Ohio Corporation, and a New York Corporation, in their Common Carrier Operations hereinafter referred to as the “Employer,” and the TEAMSTERS UNITED PARCEL SERVICE NATIONAL NE-GOTIATING COMMITTEE representing Local Unions affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, and Local Union No. which Local Union is affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, agree to be bound by the terms and conditions of this Agreement. United Parcel Service Cartage Services, Inc. (“CSI”) and UPS Lat-in America, Inc. is also a party to this Agreement as specified in the Freight Pickup & Delivery Supplemental Agreement (“P&D Sup-plement”) and Challenge Air Cargo Supplement, respectively.

ARTICLE 1. PARTIES TO THE AGREEMENT

The Employer and the Union adopt this Article and enter into this Agreement with a mutual intent of preserving and protecting work and job opportunities for the employees covered by this Agree-ment. No bargaining unit work will be subcontracted, transferred, leased, assigned or conveyed except as provided in this Agreement.

Section 1. Operations CoveredThe execution of this Agreement on the part of the Employer shall cover all employees of the Employer in the bargaining unit at any existing centers, new centers, new trailer repair shops, new air hubs and gateway operations, new buildings, and any other new opera-tions of the Employer within the jurisdiction of the Local Union

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Article 1signatory to this Agreement as determined or may be determined by the International Brotherhood of Teamsters, with regard to wages, hours and other conditions of employment.

Section 2. Employees CoveredEmployees covered by this Agreement shall be construed to mean, where already recognized, feeder drivers, package drivers, sorters, loaders, unloaders, porters, office clerical, clerks, customer counter clerks, mechanics, maintenance personnel (building maintenance), car washers, United Parcel Service employees in the Employer’s air operation, and to the extent allowed by law, employees in the ex-port and import operations performing load and unload duties, and other employees of the Employer for whom a signatory Local Union is or may become the bargaining representative. Employees of CSI and UPS Latin America, Inc. are also covered by this Agree-ment as specified in the P&D Supplement and the Challenge Air Cargo Supplement, respectively.

In addition, effective August 1, 1987, the Employer recognized as bargaining unit members clerks who are assigned to package center operations, hub center operations, and/or air hub operations whose assignment involves the handling and progressing of merchandise, after it has been tendered to United Parcel Service to effectuate delivery. These jobs cover: package return clerks, bad address clerks, post card room clerks, damage clerks, rewrap clerks, and hub and air hub return clerks. This Agreement also governs the classifications covered in Article 39—Trailer Repair Shop. Effec-tive no later than February 1, 2003 the Employer recognizes as bar-gaining unit members FDC/ODC clerks, international auditors, “smart label” clerks and revenue auditors who work in the opera-tions facilities.

Section 3. Transfer of Company Title or InterestThis Agreement shall be binding upon the parties hereto, their suc-cessors, administrators, executors and assigns. In the event an en-tire operation, or portion thereof, or rights only, are sold, leased, transferred or taken over by sale, transfer, lease, assignment, re-ceivership or bankruptcy proceedings, such operation or use of

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Article 1such rights shall continue to be subject to the terms and conditions of this Agreement, for the life thereof.

On the sale, transfer or lease of an individual run or runs, or rights only, the specific provisions of this Agreement shall prevail. It is understood by this Section that the parties hereto shall not sell, lease or transfer such run or runs or rights to a third (3rd) party to evade this Agreement.

In the event the Employer fails to require the purchaser, the trans-feree, or lessee to agree to assume the obligations of this Agree-ment, the Employer (including partners thereof) shall be liable to the Local Union and to employees covered for all damages (includ-ing but not limited to monetary damages) sustained as a result of such failure to require assumption of the terms of this Agreement until its expiration date, but shall not be liable after the purchaser, the transferee or lessee has agreed to assume the obligations of this Agreement. The Employer shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, assignee, etc., of the operation covered by this Agreement or any part thereof, in-cluding rights only. Such notice shall be in writing with a copy to the Local Union, at the time the seller, transferor, or lessor executes a contract or transaction as herein described. The Teamsters United Parcel Service National Negotiating Committee and Local Unions involved shall also be advised of the exact nature of the transaction, not including financial details.

Section 4.The Employer agrees that it will be a violation of this Section if it, any affiliate, or any other entity under its control enters into a busi-ness so as to duplicate the Employer’s common carrier operations as defined in Article 1 in any area. Affiliate for purposes of this Section means any entity which is owned, managed or controlled by the Employer or its parent. This Section will also cover an entity if the Employer or its parent maintains the ultimate right to control or approve a decision by such entity.

The Employer will be financially responsible for all losses resulting from a violation of this Section.

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Article 2ARTICLE 2. SCOPE OF THE AGREEMENT

Section 1. Single Bargaining UnitAll employees covered by this Master Agreement and the various Supplements, Riders and Addenda thereto, shall constitute one (1) bargaining unit. The printing of this Master Agreement and the aforesaid Supplements, Riders and/or Addenda in separate agree-ments is for convenience only and is not intended to create separate bargaining units.

To the extent provided by law, this Agreement shall be applied to all subsequent additions to, and extensions of, current common carrier operations of the Employer and newly established operations of the Employer which are utilized as a part of such current operations of the Employer, without additional evidence of Union representation of the employees involved (provided that newly acquired opera-tions of the Employer, which are not utilized as a part of such cur-rent common carrier operation of the Employer, shall not be deemed additions to, or extensions of, operations of the Employer). If the Employer purchases a related common carrier business, the Employer, to the extent allowed by law, recognizes the Teamsters UPS National Negotiating Committee as the bargaining representa-tive and will meet to determine which applicable Supplement cov-ers those employees, and negotiate a new Addendum covering eco-nomic terms if current Supplements do not cover the new job classifications, or, if a current collective bargaining agreement is in place for the acquired employees, then that agreement shall contin-ue by its terms until expiration.

Section 2. RidersPresent Supplements, Riders and Addenda shall remain in effect.

Any new Supplement, Rider or Addendum, or changes to Supple-ments, Riders or Addenda or in the contract affiliation of any Local Union covered by this Agreement must be submitted to the Joint National Negotiating Committee for review and approval. Failure to be approved by the Committee shall render said Supplement, Rider or Addendum null and void.

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Article 2Any lesser conditions contained in any Supplement, Rider or Ad-dendum shall be superseded by the conditions contained in this Master Agreement. However, except where specifically stated oth-erwise in the Master Agreement, nothing in this Master Agreement shall deprive any employee of any superior benefit contained in their Supplement, Rider or Addendum.

ARTICLE 3. RECOGNITION, UNION SHOP AND CHECKOFF

Section 1. Recognition(a) The Employer recognizes and acknowledges that the National Union Committee and Local Unions affiliated with the Internation-al Brotherhood of Teamsters are the exclusive representatives of all employees of the Employer in covered classifications. The employ-ees and Unions covered under this Master Agreement and the vari-ous Supplements, Riders and Addenda thereto shall constitute one (1) bargaining unit.

(b) When the Employer needs additional employees, it shall give the Union equal opportunity with all other sources to provide suit-able applicants, but the Employer shall not be required to hire those referred by the Union.

If employees are hired through an employment agency, the Em-ployer shall pay the employment agency fee, if any, due from the employee. However, if the Union has been given equal opportunity to furnish employees, as provided herein, and if the employee is retained through the probationary period, this fee need not be paid until the thirty-first (31st) day of employment, except as otherwise provided in the Local Union Supplements, Riders and Addenda.

Business agents and/or a steward shall be permitted to attend new employee orientations to talk about the benefits of Union member-ship. The Employer agrees to provide the Local Union at least one week’s notice of the date, time, and location of such orientation. Upon request, the Union representative will be given a list of the names of the employees attending orientation no later than at the

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Article 3meeting. The sole purpose of the business agent’s or steward’s at-tendance shall be to encourage new employees to join the Union. The steward shall remain on the clock for up to fifteen (15) minutes for that purpose if the orientation is held during his or her normal working hours at his or her normal place of work.

Section 2. Union Shop and Dues(a) All present employees who are members of the Local Union on the effective date of this Subsection or on the date of execution of this Agreement, whichever is the later, shall remain members of the Local Union in good standing as a condition of employment. In order to assist the Local Unions in maintaining current and accu-rate membership records, the Employer will furnish the appropri-ate Local Union a list of new employees. The Employer agrees to notify the Local Union when a new employee attains seniority. This notification will be made in conjunction with the new em-ployee listing. The list will include the name, address, social secu-rity number, date of hire, hub or center to which assigned, shift, and classification or position hired into. The Employer shall also notify the Local Union when the employee is promoted from part-time to full-time. The list will be provided on a monthly basis. All present employees who are not members of the Local Union and all employees who are hired hereafter, shall become and remain members in good standing of the Local Union as a condition of employment on and after the thirty-first (31st) day following the beginning of their employment, or on and after the thirty-first (31st) day following the effective date of this subsection, or the date of this Agreement, whichever is the later. An employee who has failed to acquire, or thereafter maintain, membership in the Union, as herein provided, shall be terminated seventy-two (72) hours after the Employer has received written notice from an au-thorized representative of the Local Union, certifying that mem-bership has been, and is continuing to be offered to such employ-ees on the same basis as all other members, and further that the employee has had notice and opportunity to make all dues or initi-ation fee payments. This provision shall be made and become ef-fective as of such time as it may be made and become effective under the provision of the National Labor Relations Act, but not retroactively.

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Article 3(b) No provision of Section 2(a) of this Article shall apply to the extent that it may be prohibited by state law. In those states where subsection (a) above may not be validly applied, the Employer agrees to recommend to all new employees that they become mem-bers of the Union and maintain such membership during the life of this Agreement.

Section 3. Dues Checkoff and Joint Dues CommitteeThe Union and the Employer will establish a Joint Dues Committee to review the deduction and remittance of union dues. This Com-mittee is charged with the responsibility of ensuring that dues are accurately deducted and remitted in a timely manner to the Local Unions. It is anticipated that this Committee shall serve as a source of continuing study regarding the most efficient, accurate, and ex-peditious deduction and payment of dues, including exploring elec-tronic solutions. The Union and the Employer will establish proce-dures for the operation of this Committee.

No existing bargaining unit employee currently performing work in the payroll department will be laid off or suffer a loss of their cur-rent payroll type position as a result of this Section.

The Employer agrees to deduct from the pay of all employees cov-ered by this Agreement the initiation fees, dues and/or uniform assessments of the Local Union having jurisdiction over such em-ployees. The Local Union will provide the Employer a weekly amount to be deducted from each employee. The Local Union will individually specify the weekly amount to be deducted for initia-tion fees, union dues and/or assessments. For initiation fees and assessments, the Local Union will notify the Employer the number of weeks these deductions are to be taken from the employee. No-tification of deductions to be made by the Employer for the benefit of the Local Union must be received at least one (1) month prior to the date the deduction is to be made. The obligation of the Local Union to provide this information shall be satisfied by the trans-mission of a computer file in mutually agreeable format. The Em-ployer shall deduct the weekly dues from each vacation week. This will be implemented within six (6) months of ratification of this Agreement.

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Article 3The Employer shall make no deductions that are not listed on the Local Union’s monthly or weekly checkoff statement in those loca-tions which send a checkoff statement to the Employer. In the event the Employer improperly deducts too much dues money, the amount improperly withheld shall be remitted to the involved em-ployee(s) on the second (2nd) scheduled workday following notifi-cation to the Employer. The Local Union(s) shall return any over-payment(s) to the Employer within one (1) week following written notification from the Employer.

The Employer will provide a remittance to the Local Union within fifteen (15) days following the check date the deduction was taken. With each remittance, the Employer shall submit a report, by center and/or sort, listing all employees alphabetically with their social security number and job classification. For those employees who had no deduction for the week, the Employer will provide a reason. In the event the Local Union does not want to receive a weekly re-mittance, the Employer will provide a monthly remittance by the fifteenth (15th) day of the following month. However, if this option is chosen, the Employer will still make weekly deductions as de-scribed above.

The Employer will provide a list of peak season employees to the Local Union. The Company agrees to honor the dues checkoff cards for peak season employees.

Where law requires written authorization by the employee, the same is to be furnished in the form required. No deduction shall be made which is prohibited by applicable law.

Any Local Union shall have the option of monthly deductions with monthly remittance on or before the fifteenth (15th) day of the same month.

On written request of the employee, payroll deductions will be made to purchase U.S. Savings Bonds for said employee.

The Employer agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE.

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Article 3DRIVE shall notify the Employer of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase “weeks worked” excludes any week other than a week in which the employee earned a wage. The Employer shall transmit to DRIVE National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s Social Security number and the amount deducted from that employee’s paycheck. The International Brotherhood of Teamsters shall reimburse the Employer annually for the Employer’s actual cost for the expenses incurred in administering the weekly payroll deduction plan.

The Employer agrees to deduct certain specific amounts each week from the wages of those employees who shall have given the Em-ployer written notice to make such deductions. The Employer will remit amounts deducted to the applicable credit union once each week. The amount so deducted shall be remitted to the applicable credit union once each month or weekly. The Employer shall not make deductions and shall not be responsible for remittance to the credit union for any deductions for those weeks during which the employee’s earnings shall be less than the amount authorized for deductions.

In the event the Employer has been determined to be in violation of this Article by a decision in the grievance procedure, and if such Employer subsequently is in violation thereof after receipt of sev-enty-two (72) hours’ written notice of specific delinquencies, the Local Union may strike to enforce this Article. However, such strike shall be terminated upon the delivery thereof. Errors or inad-vertent omissions relating to individual employees shall not consti-tute a violation.

Section 4. Work AssignmentsThe Employer agrees to respect the jurisdictional rules of the Union and, except as otherwise provided in this Master Agreement, Sup-plements, Riders, or Addenda, shall not direct or require their em-ployees or persons, other than the employees in the bargaining units here involved, to perform work which is recognized as the work of

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Article 3the employees in said units. This is not to interfere with bona fide agreements with bona fide unions. The Employer further agrees not to combine into a single job work presently performed by members of one Teamster Local Union with work presently performed by members of another Teamster Local Union.

Section 5.The term “Local Union” as used herein refers to the IBT Local Union which represents the employees of the Employer at the par-ticular place or places of business to which this Agreement, and the Supplements, Riders or Addenda thereto are applicable, unless by agreement of the Local Unions involved or by directive issued pur-suant to the IBT International Constitution.

Section 6.Employees shall have the option of participating in the Employer’s electronic funds transfer (EFT), the Employer’s check card payment system, or a paper payroll check system. New employees, defined as employees who are not on the payroll on the date of ratification, shall designate either EFT or a check card, unless prohibited by ap-plicable state law. New employees shall make this election during orientation. Recognizing the mutual benefits and advantages of these systems over a paper payroll check, the Union agrees to en-courage all employees to select either EFT or a check card as a method of payment. No bargaining unit employee currently per-forming work in the payroll department will be laid off or suffer a loss of their current payroll type position as a result of this Section.

Section 7. Supervisors Working(a) The Employer agrees that the function of supervisors is the super-vision of Employees and not the performance of the work of the em-ployees they supervise. Accordingly, the Employer agrees that super-visors or other employees of the Employer who are not members of the bargaining unit shall not perform any bargaining unit work, ex-cept to train employees or demonstrate safety, or as otherwise provid-ed in the applicable Supplement, Rider or Addendum. However, in the case of Acts of God, supervisors shall comply with the proce-dures in subsections (b) and (c) and may only perform bargaining

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Article 3unit work until bargaining unit employees are available. The Em-ployer shall make every reasonable effort to maintain a sufficient workforce to staff its operations with bargaining unit employees. The Employer also agrees that supervisors or other employees of the Em-ployer who are not members of the bargaining unit shall not perform bargaining unit work in preparing the work areas before the start of the Employer’s hub, preload or reload operation, nor shall the Em-ployer send any bargaining unit employee home and then have such employee’s work performed by a supervisor or other employees of the Employer who are not a member of the bargaining unit.

(b) When additional employees are necessary to complete the Em-ployer’s operations on any shift or within any classification, the supervisor shall exhaust all established local practices to first use bargaining unit employees including where applicable, double shifting, early call-in, and overtime.

(c) If there is no established local practice, the following shall ap-ply with regard to inside work. Within each building, each opera-tion will maintain appropriate list(s), by seniority, of those part-time employees requesting coverage work. It will be the employees’ responsibility to sign up on the appropriate list. The Company shall post such lists and employees who are interested in adding their names to the lists shall do so on the first working day of each month. It will be the employee’s responsibility to make sure his/her contact information is correct. Employees who are unavailable to work on three (3) separate occasions within a calendar month shall have their names removed from the coverage list. Those employees shall be eligible to re-sign the list the following month. When cov-erage work is available, the Company will use the appropriate list to fill the required positions, and such employees will work as as-signed. The employee must be qualified for the available work and double shift employees shall have seniority among themselves. No employee is allowed to work more than two (2) shifts in any twen-ty-four (24) hour period. Local call verification practices and pro-cedures shall remain in place.

Nothing contained in this Section shall change existing practices or procedures covering full-time work.

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Article 3(d) If it is determined at any step of the grievance and/or arbitra-tion procedure that this Section, or a “supervisor working” provi-sion in a Supplement, Rider or Addendum, has been violated, the aggrieved employee will be paid as follows: (i) if the actual hours worked by the supervisor amounts to two (2) hours or less, the aggrieved employee will be paid for the actual hours worked by the supervisor at the rate of double time the employee’s rate of pay at the time of the incident; or (ii) if the supervisor works more than two (2) hours, the aggrieved employee shall be paid four (4) hours at straight time or actual hours worked at double time the employee’s rate of pay at the time of the incident, whichever is greater. If no aggrieved employee can be identified, the payment will be made to the grievant. Such remedy shall be in addition to any other remedies sought by the Union in the appropriate griev-ance procedure.

If a Supplement, Rider or Addendum does not have a provision re-quiring notice to the steward when a supervisor works the follow-ing shall be incorporated: “In the event a supervisor does perform bargaining unit work, the Employer shall notify the appropriate shop steward as soon as possible.”

In the event that any individual supervisor is found to be in viola-tion of the first paragraph of this Subsection three (3) times in any nine (9) month rolling period, the grievance shall be paid at triple time the employee’s rate of pay for the hours specified in the first paragraph of this subsection.

ARTICLE 4. STEWARDS

The Employer recognizes the right of the Local Union to designate Job Stewards and alternates from the Employer’s seniority list. The authority of Job Stewards and alternates so designated by the Local Union shall be limited to, and shall not exceed, the following duties and activities:

(a) The investigation and presentation of grievances with the Em-ployer or the designated company representative in accordance with the provisions of the collective bargaining agreement:

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Article 4(b) The collection of dues when authorized by appropriate Local Union action; and

(c) The transmission of such messages and information, which shall originate with, and are authorized by the Local Union or its officers, provided such messages and information:

(1) have been reduced to writing; or

(2) if not reduced to writing, are of a routine nature and do not in-volve work stoppages, slowdowns, refusal to handle goods, or any other interference with the Employer’s business.

Job Stewards and alternates have no authority to take strike action or any other action interrupting the Employer’s business, except as authorized by official action of the Local Union. The Employer rec-ognizes these limitations upon the authorized Job Stewards and their alternates, and shall not hold the Union liable for any unautho-rized acts. The Employer in so recognizing such limitations shall have the authority to impose proper, nondiscriminatory discipline, including discharge. However, in the event the Job Steward or the designated alternate has led, or instigated or encouraged unautho-rized strike action, slowdown or work stoppages in violation of this Agreement he/she may be singled out for more serious discipline, up to and including discharge. Stewards and/or alternate stewards shall not be subject to discipline for performing any of the duties within the scope of their authority as defined in this Section, in the manner permitted by this Section.

Recognizing the importance of the role of the Union Steward in resolving problems or disputes between the Employer and its em-ployees, the Employer reaffirms its commitment to the active in-volvement of union stewards in such processes in accordance with the terms of this Article.

The Job Steward or the designated alternate shall be permitted rea-sonable time to investigate, present and process grievances on the Company’s property without interruption of the Employer’s opera-tion. Upon notification to his or her supervisor, a steward shall be

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Article 4afforded the right to leave his/her work area for a reasonable period of time to investigate, present and process grievances and to repre-sent a fellow employee concerning grievances or discipline so long as such activity does not interrupt the Employer’s operations. This shall include the steward’s right to represent an employee in con-nection with any grievance concerning safety issues. The Employer will make a reasonable effort to insure that its operations are not interrupted by the steward’s engaging in such activity. The Employ-er shall not use interruption of its operation as a subterfuge for de-nying such right to the steward.

Where mutually agreed to by the Local Union and Employer, stew-ards may investigate off the property or other than during their reg-ular schedule, without loss of time or pay. Stewards will be paid for time spent in meetings under this Article which occur during the steward’s regular working hours. Stewards shall also be paid for time spent in meetings which occur outside his or her working hours, or on days off, by mutual consent. Such time spent during the Job Steward’s or the designated alternate’s regular working hours shall be considered working hours in computing daily and/or weekly overtime if within the regular schedule of the Job Steward or the designated alternate.

The Employer recognizes the employee’s right to be given request-ed representation by a Steward, or the designated alternate, at such time as the employee reasonably contemplates disciplinary action. The Employer also recognizes the steward’s right to be given re-quested representation by another Steward, or the designated alter-nate, at such time as the Steward reasonably contemplates disci-plinary action. When requested by the Union or the employee, there shall be a steward present whenever the Employer meets with an employee concerning grievances or discipline or investigatory in-terviews. In such cases, the meeting shall not be continued until the steward or alternate steward is present.

If an employee does not wish to have a Union Steward in any meet-ing where the employee has a right to Union representation under this Article, the employee shall sign a waiver of Union representation, a copy of which shall be furnished to the Union upon its request.

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Article 4If requested by the Local Union, the designated Stewards will be provided with copies of all warning, suspension and discharge let-ters. If a supplement has no provision allowing a Local Union to request documents/information with regard to pending grievances, the following shall be incorporated into the Supplement: “The Em-ployer shall, upon written request, provide the Local Union or the steward designated by the Local Union, with documents/informa-tion that is reasonably related (based on NLRA standards) to the pending grievance.”

Job Stewards, or designated alternates, shall be allowed to wear an identifying steward’s badge, provided by the Union, at all times while on the Employer’s premises.

ARTICLE 5. SANITARY CONDITIONS

The Employer agrees to maintain a clean, sanitary washroom having hot and cold running water with toilet facilities in all present and fu-ture buildings. The Employer further agrees to provide separate toilet and changing facilities for male and female employees in all present and future UPS buildings which have more than fifteen (15) drivers.

The Employer shall implement procedures designed to ensure pri-vacy for all employees when using facilities in UPS buildings with fifteen (15) or fewer drivers.

Such toilet facilities will be equipped with proper ventilation devic-es and shall be heated as climatic conditions shall warrant.

The Employer agrees to provide lockers for those employees who are required to change into a uniform or take a lunch period. All other employees will be provided a suitable area for keeping per-sonal items and clothes. Assigned lockers will not be opened by the Employer unless either the employee or a Union representative is present.

Where the Employer and the Union agree that the local water is not suitable for drinking, the Employer will provide bottled drinking water.

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Article 6ARTICLE 6.

Section 1. Extra Contract AgreementsExcept as may be otherwise provided in this Agreement, the Em-ployer agrees not to enter into, or attempt to enter into, any agree-ment or contract with its employees, either individually or collec-tively, or to require or attempt to require employees to sign any document, either individually or collectively, which in any way conflicts with the provisions of this Agreement. Any such Agree-ment or document shall be null and void. Any such agreement or document may not be placed in an employee’s file or used by the Employer as a basis for discipline or used in connection with any disciplinary proceeding, nor may any such agreement or document nor the contents thereof be divulged to any person or entity.

In addition, the Company will not discipline an employee for refus-ing to sign any Company form related to the principle of a fair day’s work unless the signing is required by law or by this Agreement.

Section 2. Workweek ReductionIf either the Fair Labor Standards Act or the Hours of Service Reg-ulations are subsequently amended so as to result in substantial penalties to either the employees or the Employer, a written notice shall be sent by either party requesting negotiations to amend those provisions which are affected. Thereafter the parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory solution. In the event the parties cannot agree on a solu-tion within sixty (60) days, or mutually agreed extensions thereof after receipt of the stated written notice, either party shall be al-lowed economic recourse.

Section 3. New EquipmentWhere new types of equipment and/or operations, for which rates of pay are not established by this Agreement, are put into use after the ratification date of this Agreement within operations covered by this Agreement, rates governing such operations shall be subject to negotiations between the parties. This paragraph shall apply to all new types of equipment including office and clerical equipment. In

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Article 6the event agreement cannot be reached within sixty (60) days after the date such equipment is put into use, the matter may be submit-ted to the National Grievance Committee for final disposition. Rates agreed upon or awarded shall be effective as of the date equipment is put to use.

Section 4. Technological Change1. Technological change shall be defined as any significant change in equipment or materials which results in a significant change in the work of any classification of employees in the bargaining unit or diminishes the number of workers in any classification of em-ployees in the bargaining unit. Such changes could include, but are not limited to, the use of drones or driverless vehicles to transport, deliver or pick-up packages, or platooning.

2. The Employer and the Union agree to establish a National Teamster/UPS Committee for Technological Change, consisting of an equal number of representatives from the Union and UPS. The Committee shall meet upon request, but not less than three (3) times per year, to review any planned technological changes cov-ered by this Section.

3. The Employer will advise the affected Local Unions and the Na-tional Teamster/UPS Committee for Technological Change of any proposed technological changes when the change has entered the field testing phase or at least six (6) months prior to the implemen-tation of such change except where the change was later deter-mined in which case the Employer shall provide as much notice as possible. In all cases, the Company will provide notice of any tech-nological change covered by this Section before the technology is implemented.

4. The Employer shall be required to provide the National Team-ster/UPS Committee for Technological Change, any relevant infor-mation to the extent available regarding the technological changes.

5. The Employer will meet with the National Teamster/UPS Com-mittee for Technological Change, promptly after notification to ne-gotiate regarding the effects of the proposed technological changes.

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Article 6The Technological Change Committee shall also have the right to raise and attempt to resolve any claim that the Company’s techno-logical change violates any provision of the National Master Agree-ment or the applicable Supplement, Rider or Addendum.

If a technological change creates new work that replaces, enhances or modifies bargaining unit work, bargaining unit employees will perform that new or modified work. The Employer shall provide bargaining unit employees with training required to utilize the new technology, if necessary.

6. In the event that the National Committee cannot reach agree-ment on the dispute, either party may refer all outstanding disputes to the National Grievance Committee for expedited resolution in accordance with the provisions of Article 8 in order to determine if the Employer has violated the provisions of this Section or if the change will result in a violation of any other provision of the col-lective bargaining agreement.

7. This Section shall supersede any Supplemental, Rider or Adden-dum provision on the same subject.

Section 5. Hourly Training1. It is agreed that Teamster represented employees, on a voluntary basis, may train other employees. UPS reserves the right to choose to use or not to use Teamster represented trainers to fulfill its train-ing needs.

2. Trainers shall be paid a fifty cents ($.50) per hour training pre-mium for each hour spent training.

3. Drivers training helpers, in accordance with Supplemental Agreements, and two (2) on the car rides for the purpose of route knowledge shall not be entitled to the training premium.

4. The parties shall establish a National Training Committee. The Committee shall be empowered to hear and resolve any disputes that may arise over these issues. Unresolved disputes will be sub-ject to the National Master Grievance Committee.

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Article 65. Each Supplemental area shall meet and agree or continue existing agreements on the details of the application of this agreement in their area in accordance with Supplemental language. Other issues left for resolution at this level include, but are not limited to, the minimum qualifications for trainers, if any, the number of hours to be worked by the trainer, and the application of Supplemental language con-cerning compensation for work performed in higher classifications. Disputes shall be resolved in accordance with paragraph 3.

6. Trainer selection and assignments to on the job training will be done in accordance with supplemental seniority provisions, providing the trainers have the necessary qualifications and skills for the job.

7. The training records that a Teamster represented trainer can be required to complete for drivers, are those previously agreed to by the parties. If the Employer wishes to amend these forms, it will first meet and agree with the National Training Committee. Such agreement will not be unreasonably withheld. No training record or verbal report by the trainer will be relied upon to discipline any employee or to evaluate any seniority employee’s performance.

8. If a trainer is removed from the qualified list by the Employer, that employee and the Local Union shall have access to the griev-ance procedure. If the Union establishes that the removal was not for just cause, the grievant shall be reinstated.

9. No trainer shall be required to train in any method which vio-lates the Collective Bargaining Agreement.

10. Teamster represented trainers will not be permitted to perform or recommend disciplinary action.

11. Teamster represented trainers will not be required to make de-cisions or recommendations regarding the attainment of seniority, by their trainees. The decision as to whether a trainee attains senior-ity will be made solely by UPS management.

12. Employees to be retrained, after qualifying in their classification, and seniority employees scheduled for safety rides, may request that

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Article 6a non-bargaining unit employee perform that training, in lieu of a Teamster represented trainer. Such requests will be honored.

13. Trainers will not be held liable for auto accidents incurred by the trainee.

Section 6. Technology and DisciplineNo driver shall be discharged based solely upon information re-ceived from GPS, telematics, or any successor system that similar-ly tracks or surveils a driver’s movements unless he/she engages in dishonesty (defined for the purposes of this paragraph as any in-tentional act or omission by an employee where he/she intends to defraud the Company). A driver’s failure to accurately recall what is reflected by the technology shall not by itself be considered dis-honesty. The Company must confirm by direct observation or oth-er corroborating evidence any other violations warranting dis-charge. The degree of discipline dealing with off-area offenses shall not be changed because of the use of the above-mentioned systems.

No driver shall be issued a warning notice based solely upon the above-mentioned systems without first having a verbal counseling session on an identical infraction (e.g. two seat belt violations). Any such discipline shall also comply with applicable Supplemental disciplinary procedures and requirements.

The Company acknowledges that there have been problems with the utilization of technology in the past. Therefore, at the request of the Union’s Joint National Negotiating Committee Co-Chair a meeting will be scheduled with the Company Co-Chair to discuss any alleged misuse of technology for disciplinary pur-poses and what steps are necessary to remedy any misuse.

ARTICLE 7. LOCAL AND AREA GRIEVANCE MACHINERY

Except in cases involving cardinal infractions under the applicable Supplement, Rider or Addendum, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of

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Article 7pay unless and until the discharge or suspension is sustained under the grievance procedure. Notwithstanding the foregoing, any supe-rior provisions in Supplements, Riders or Addenda shall prevail. The Union agrees it will not unreasonably delay the processing of such cases.

If the Employer and the Union cannot agree locally on whether an arbitration case involving any suspension or discharge should be postponed, the issue shall be submitted for resolution to the Em-ployer’s Vice-President of Labor Relations and the Parcel and Small Package Division Director, or their designees.

Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements, Riders or Addenda to this Agreement. Supplements shall provide for regular, scheduled meet-ings each quarter for the arbitration of points of order arising from discharge and suspension grievances, except those involving time-liness or discipline pursuant to Articles 16, 18 or 35 of this Agree-ment. These meetings may be cancelled by written mutual agree-ment. The procedures set forth in the local, state and area grievance procedure may be invoked only by the authorized Union represen-tative or Employer.

All monetary grievance settlements shall be submitted by separate check payable to the grievant or grievant(s) and a copy of the same sent to the Local Union for their records. Such settlements shall be paid within ten (10) working days of the settlement. In addition, any monetary awards based on panel decisions will be made within ten (10) business days of receipt by the Company of the written panel decision.

Authorized representatives of the Union may file grievances alleg-ing violation of this Agreement, under local grievance procedure, or as provided herein. Time limitations regarding the processing of grievances, if not set forth in the respective Supplemental Agree-ments, Riders or Addenda, must appear in the Rules of Proce-dures of the various grievance committees and shall apply equally to the Employer, the Union and the employees.

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Article 8ARTICLE 8. NATIONAL

GRIEVANCE PROCEDURESection 1.All grievances and/or questions of interpretation arising under the provisions of this National Master Agreement shall be resolved in the following manner:

Deadlocked cases involving only National Master language may be submitted to the National Master Panel for decisions. Those dead-locked cases which cannot be decided by a lower panel because of disagreement over the interpretation of National Master language may be submitted to the Master Panel for interpretation. Requests for interpretations with no factual case to be decided will be heard by the Master Panel by mutual agreement of the Co-Chairpersons. Interpretations rendered on factual cases by the National Grievance Committee will be sent back to the lower panel to be used to re-solve the factual case.

The Committee shall be composed of an equal number of Employer and Union representatives. The National Grievance Committee shall meet upon call of the Chairman of either the Employer or Union representatives on the National Grievance Committee. The National Grievance Committee shall adopt rules of procedure which may include the reference of disputed matters to subcommit-tees for investigation and report with the final decision or approval, however, to be made by the National Grievance Committee. If the National Grievance Committee resolves any dispute by a majority vote of those present and voting, such decision shall be final and binding upon all parties.

When a case is docketed with the National Grievance Panel, a docketing fee will be applied as specified in the National Master UPS Agreement Rules of Procedure.

Section 2. Work StoppagesAll grievances and/or questions of interpretation arising under the provisions of this National Master Agreement shall be submitted to the grievance procedure for determination.

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Article 8Accordingly, no work stoppage, slowdown, walkout or lockout over such grievances and/or questions of interpretation shall be deemed to be permitted or authorized by this Agreement except:

(a) failure to comply with a duly adopted majority decision of the National Grievance Committee;

(b) failure to make health & welfare and pension contributions in the manner required by the applicable Supplemental Agreements, Riders and/or Addenda; and,

(c) nonpayment of established wage rates provided for in this Agreement, Supplements, Riders and/or Addenda.

Except as provided in subsections (b) and (c) of this Section, strikes, work stoppages, slowdowns, walkouts or lockouts over disputes, which do not arise under provisions of this National Mas-ter Agreement, shall be permitted or prohibited as provided in the applicable Supplement, Rider and/or Addendum. The Local Union shall give the Employer a seventy-two (72) hour prior written no-tice of the Local Union’s authorization of strike action, which no-tice shall specify the majority National Grievance Committee de-cision or deadlocked National Grievance Committee decision providing the basis for such authorization. The Local Union shall comply with the provisions of the applicable Supplemental Agree-ment, Rider and Addendum relating to strike action resulting from delinquencies in the payment of health and welfare or pension contributions.

Section 3.The Union and Employer may under this section review and re-verse, if necessary, decisions by any area, regional or local griev-ance committee which interprets Master language erroneously.

The National Grievance Committee may consider and review de-cisions raising an issue of interpretation of Master Agreement language which are submitted by the Union (either the Chair of the Teamsters National United Parcel Service Negotiating Com-mittee or his designee) or the designated Employer representa-

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Article 8tive. The committee shall have the authority to reverse and set aside the majority decision of any area, regional, local grievance committee, if, in its opinion, such decision is contrary to the lan-guage of the National Master Agreement. The decision of the Na-tional Grievance Committee shall be final and binding. The Na-tional Grievance Committee shall determine whether a decision submitted to it raises an issue of interpretation of Master Agree-ment language.

In order for such cases to be reviewed, the decision must interpret Master language. A decision raising an issue of interpretation of Master Agreement language is one in which (1) Master Agreement language was interpreted by a lower panel (2) the interpretation sets a precedent for future grievances; and (3) a reasonable case can be made that the lower panel interpretation was contrary to the true meaning of the Master Agreement. If the National Grievance Com-mittee deadlocks on whether a decision meets these criteria, arbi-tration may be requested pursuant to Article 8, Section 4.

Prior to such cases being placed on the Master docket, the moving party (either the Chair of the Teamsters National United Parcel Ser-vice Negotiating Committee or his designee or the designated Em-ployer representative) shall confer with his counter part and discuss the matter.

Cases that are docketed will be presented in the following manner:

1. The representatives of the moving party, as described above, present first.

2. The presenter will cite the specific Master language that the low-er panel interpreted.

3. Any evidence to prove that the interpretation was contrary to the provisions set forth in the Master Agreement must be presented.

4. The representative of the responding party will present any re-sponsive evidence he deems necessary.

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Article 85. If the Master Panel is unable to reach agreement, then either party may appeal the issue presented to final and binding arbitration.

Decisions made by lower panels that are properly submitted to the National Grievance Committee pursuant to this Article and Section shall be reviewed by the National Grievance Committee. A deci-sion will be entered by the National Grievance Committee based upon its interpretation and the facts of that case. Such decision will be final and binding upon the parties.

Arbitration decisions under any Supplement, Rider or Addendum which interpret Master Agreement language may also be submit-ted to the National Grievance Committee provided the three above-referenced criteria are satisfied. If an arbitration decision is reviewed by the National Grievance Committee it shall be pro-cessed in accordance with this section except that the Committee will make a final and binding decision rather than refer the case back to the arbitrator. Article 8, Section 4 shall not apply if the National Grievance Committee deadlocks upon review of an arbi-trator’s decision.

Section 4.Where the National Grievance Committee fails to reach a majority decision as to any case submitted pursuant to this Article (excepting arbitrator decisions) either party shall have the right to refer the case to binding arbitration. Either party wishing to submit a grievance to arbitration must do so within ten (10) days of mailing or hand deliv-ery of the National Grievance Committee deadlock decision. The arbitrator is to be selected from an American Arbitration Association national panel list and all aspects of the arbitration procedure shall be governed by the Rules of the American Arbitration Association.

Any provision in the grievance procedure of any Supplement, Rider, or Addendum hereto which would require deadlocked dis-putes to be determined by any arbitration process, shall be null and void as to any grievance and/or interpretation of the National Mas-ter Agreement. The decision of the National Grievance Committee as to whether a grievance and/or interpretation which is subject to this procedure shall be final and conclusive.

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Article 8Section 5.Any grievance that does not raise an issue of interpretation of a Master Agreement Article or Section shall be resolved pursuant to the provisions relating to the local, state and area grievance proce-dures set forth in the applicable Supplements, Riders and Addenda. Prior to invoking the arbitration procedure the parties, by mutual agreement, may submit said case to the National Grievance Com-mittee for resolution.

In the event of strikes, work stoppages, or other activities which are permitted in case of default or failure to comply with majority de-cisions under this Agreement, no decision and/or interpretation of this Agreement by any tribunal shall be binding upon the Union or affect the legality or lawfulness of the strikes unless the Union stip-ulates to be bound by such interpretation, it being the intention of the parties to resolve all grievances and/or questions of interpreta-tion by mutual agreement.

In any Section of this Article where language refers to deadlocks, either party shall have the right to refer any unresolved case to ar-bitration, except as specified otherwise in Section 2 of this Article.

Section 6.The arbitrator shall have the authority to apply the provisions of this Agreement and to render a decision on any grievance coming before him/her but shall not have the authority to amend or modify this Agreement or to establish new terms or conditions of employ-ment.

Any grievance that does not raise an issue of interpretation of a Master Agreement Article or Section shall be resolved pursuant to the provisions relating to the local, state and area grievance proce-dures set forth in the applicable Supplements, Riders and Addenda. The no-strike, work stoppage, slowdowns, walkout and lockout provisions of the Supplemental Agreements, Riders and Addenda shall apply to such grievances. Prior to invoking the arbitration pro-cedure the parties, by mutual agreement, may submit said case to the National Grievance Committee for resolution.

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Article 8Section 7.Deadlocked cases referred from the National Grievance Committee to binding arbitration pursuant to this Article, will be governed by the following procedures:

1. The arbitration process will be administered by the offices of the American Arbitration Association, as follows:

Somerset, NJ Eastern, Central and SouthernFresno, CA Western

2. The current arbitrators will continue to serve, except as changed pursuant to paragraphs 4 and 7 below. Cases will be assigned to arbitrators on a rotating alphabetical basis within each Region based upon the order in which it was docketed at the National Grievance Committee.

3. The panels will consist of the following number of arbitrators who hear American Arbitration Association administered cases in each Region of the IBT:

Eastern 9Central 3Southern 3Western 5

4. Either party shall have the right, with written notice by Decem-ber 1 of any year, to require an exchange of lists of two (2) times the number of arbitrators to be assigned to each regional panel by Jan-uary 1, and on January 15 will alternatively strike from the lists until the correct number of arbitrators is left for each panel. Unless the parties mutually agree otherwise, any arbi trator proposed by the Employer or Union must be a member of the National Academy of Arbitrators and reside within the geographi cal area covered by the panel. This provision can only be invoked by each party two (2) times during the life of this Agreement.

5. Each arbitrator shall offer one or more potential hearing date(s) within six (6) months of the assignment of the case by the AAA or within six (6) months of a cancellation by either party as outlined

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Article 8below. If the arbitrator fails to offer a timely date, or a time ly re-scheduled date after a cancellation, the case shall be reas signed to the next arbitrator to be assigned based on the rotating alphabetical list. If an arbitrator fails to offer a timely date on four (4) occasions in a twelve (12) month period, he/she shall be stricken from the panel of arbitrators at the written request of either party. The parties shall fill any vacancy pursuant to the procedures set forth in paragraph 4.

6. Once a case is assigned to an arbitrator it will remain with that arbitrator until it is concluded, except in the case of a reassign ment specified in paragraph 5.

7. The parties may mutually agree in writing to remove any indi-vidual arbitrators from the panel at any time. Each party may uni-laterally remove two (2) arbitrators during the month of June each year upon giving ten (10) calendar days notice specifying the arbitra-tor to be removed. The other party shall have the right to remove two (2) arbitrators within ten (10) calendar days from receiving the no-tice. The parties shall, within forty-five (45) calendar days, exchange a list of arbitrators double the number of arbitrators stricken. The lists will be combined and struck fifteen (15) days later. This process shall also be used to fill vacancies that might occur for other reasons.

8. Except by mutual agreement arbitrations will be scheduled for 10:00 a.m. until at least 5:00 p.m.

9. There shall be no more than one (1) cancellation of arbitration dates by either party in the hearing of any single arbitration case, except as permitted by the arbitrator with good cause.

10. The parties shall share equally the American Arbitration Asso-ciation’s and the arbitrator’s fees and expenses for the arbitration or settlement (including rental of the hearing room). The party re-questing a cancellation will pay any cancellation fees.

11. The location of the arbitration will be determined by mutual agreement, taking into account the travel requirements of witness-es, counsel, and the arbitrator. In the event that the parties are un-able to agree on the location, the arbitrator will decide. All hearings

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Article 8will be held at the American Arbitration Association offices unless the parties mutually agree on an alternate site.

12. Any or all of the foregoing may be modified in writing by mu-tual agreement of the parties at any time.

ARTICLE 9. PROTECTION OF RIGHTSSection 1. Picket LineIt shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action (including but not limited to the temporary or permanent replacement of any employee) in the event an employee refuses to enter upon any property involved in a pri-mary labor dispute, or refuses to go through or work behind any primary picket line, including the primary picket line of Unions party to this Agreement, and including primary picket lines at the Employer’s place of business, and the Employer shall not direct any employee to cross a primary picket line.

Section 2. Struck GoodsIt shall not be a violation of this Agreement and it shall not be a cause for discharge or disciplinary action if any employee refuses to perform any service which his/her Employer undertakes to per-form as an ally of an employer or person whose employees are on strike, and which service, but for such strikes, would be performed by the employees of the employer or person on strike.

Section 3.Subject to the appropriate subcontracting provisions of this Agreement, the Employer agrees that it will not cease or refrain from handling, using, transporting, or otherwise dealing in any of the products of any other employer or cease doing business with any other person, or fail in any obligation imposed by the Motor Carrier’s Act or other applicable law, as a result of individual em-ployees exercising their rights under this Agreement or under law, but the Employer shall, notwithstanding any other provision in this Agreement, when necessary, continue doing such business by other employees.

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Article 9Section 4.The layover provisions of the applicable Supplemental Agreement, Rider or Addendum shall apply when the Employer knowingly dis-patches a road driver to a terminal at which a primary picket line has been posted as a result of the exhaustion of the grievance pro-cedure, or after proper notification of a picket line permitted by the collective bargaining agreement, or economic strikes occurring af-ter the expiration of a collective bargaining agreement or to achieve a collective bargaining agreement.

Section 5. GrievancesWithin five (5) working days of filing a grievance claiming viola-tion of this Article, the grievance shall be submitted directly to the National Grievance Committee without taking any intermediate steps, any other provision of this Agreement to the contrary not-withstanding.

ARTICLE 10. LOSS AND DAMAGESection 1.No employee shall make any reimbursement or have monies de-ducted from his/her pay for loss or damage to parcels except as provided in this Section.

No employee shall be disciplined or required to make reimbursement for lost or damaged parcels unless the Employer demonstrates that the employee, without justification or mitigation, violated pertinent established rules or policies, the observance of which would have prevented the loss or damage. In no event shall a driver be subject to reimbursement for loss or damage to a Driver Release parcel valued at one hundred dollars ($100.00) or less. The Employer will provide each driver a current list of all Driver Release Areas and all Non Driver Release Areas within that driver’s area upon request.

An employee who is charged for loss or damage by the Employer shall not be subject to both discipline and reimbursement. The Em-ployer will clearly notify the employee and the Union of its intent

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Article 10to either discipline or seek reimbursement. No employee shall be subject to discipline or reimbursement unless the Employer brings the loss or damage to the employee’s attention within fifteen (15) business days after receiving a written shipper notice of claim.

When an employee is subject to discipline, the employee shall not make any reimbursement for such loss or damage. When an em-ployee is subject to reimbursement, the employee shall not be sub-ject to discipline for such loss or damage.

Any employee who is found to be responsible for two (2) reim-bursements in a twelve (12) month period may receive a warning letter in addition to being responsible for reimbursement should a third (3rd) loss occur in the same twelve (12) month period.

No action shall be taken by the Employer under this Section until the grievance procedure is invoked and concluded. In such griev-ance hearings the Employer shall present its case first.

If an employee is held liable for reimbursement for loss or damage under Article 10, Section 1 in regard to any package, he/she will be held liable for the value of the package, the amount paid by the Employer to the customer, or the insured value of the package, whichever is least.

Reimbursement schedules shall be reasonable and fair, based upon the circumstances of each case.

This Article is not to be construed as permitting charges for loss or damage to equipment. Nor is this Article to be construed as permit-ting charges for any loss or damage to merchandise as a result of a vehicular accident under any circumstances.

Section 2.Employees handling money shall account for and remit the same to the Employer at the completion of each day’s work. An employee’s cash turn-in may be verified or audited by the Employer. If the Em-ployer fails to verify and deposit an employee’s cash turn-in, when requested, no deduction or disciplinary action shall be taken. Upon

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Article 10request by the Local Union, the Employer and the Local Union shall meet to review any problems relating to transportation of cash via feeders or cashier’s check rules.

To ensure that the employee will not be held accountable when the Employer verifies and deposits or fails to verify and/or deposit the employee’s cash turn-in the employee and Employer will sign a document, to be maintained by the Employer, showing whether the employee requested verification and deposit and whether the em-ployee’s cash turn-in has either been verified and deposited or not verified and/or deposited.

In cases of proven bona fide error (in addition or subtraction) of the cash turn-in, the employee will be responsible for making proper restitution for such shortage.

In such cases of bona fide error, the Employer and an employee, with the participation of the Local Union and where permitted by applica-ble law, shall execute a written document providing for an agreed upon amount and schedule of reimbursement and/or deduction. A copy of any such agreement will be provided to the Local Union.

The Employer will incorporate into the DIAD for packages shipped using Worldship and Maxiship within sixty (60) days of ratification (as well as other shipping systems when it is technologically feasi-ble) a function that will prompt the driver when a specific type of fund is to be collected for each C.O.D. delivery (e.g., certified funds, cashier’s check, money orders). The Employer will notify the Union prior to the installation of the prompts or as the system is expanded. If the driver collects an improper check, the Employer shall inform the driver of that acceptance.

The Employer shall make a reasonable effort to collect for losses due to bad checks, to include a driver follow-up, and an attempt by the manager or his designee to meet with the consignee and a letter to the consignee requesting payment, when appropriate. Should a driver who has been held liable for restitution choose to pursue le-gal recourse against the consignee, the Employer will provide any necessary documents to aid the driver in processing a claim through

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Article 10the courts. The employee shall not be held liable for restitution or disciplined if he/she accepts an irregular check if a reasonable per-son would have accepted the check. No employee shall be subject to restitution or discipline unless the Employer brings the bad check to the employee’s attention within fifteen (15) business days after receiving a written shipper notice of claim.

No action shall be taken by the Employer under this section until the grievance procedure is invoked and concluded. In such griev-ance hearings the Employer shall present its case first.

Reimbursement schedules shall be reasonable and fair, based upon the circumstances of each case.

The Employer will not post or make available for viewing in the work place any employee’s social security number or home telephone num-ber. In areas where bidding systems require both a signature and a phone number, an employee will have the option of providing his/her phone number privately to the person controlling the bid.

Section 3.The Employer shall reimburse employees for loss of personal mon-ey or personal property in a holdup or vehicular accident while on duty, up to a maximum of two hundred dollars ($200.00) per em-ployee, provided the employee promptly reports such holdup or vehicular accident to the Employer and the police, and cooperates in the investigation of such holdup or vehicular accident. Employ-ees shall be paid for all time involved. However, reimbursement for cash loss shall be limited to one hundred dollars ($100.00).

ARTICLE 11. [RESERVED]

ARTICLE 12. POLYGRAPH/TIMECLOCKS

No applicant for employment and no employee will be required to take any form of a lie detector test as a condition of employment.

Upon request, an employee or the Union may inspect the record of an employee’s time recorded on the DIAD or other device for previ-

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Article 12ous days’ work. An employee will be permitted to examine the op-eration record for the current pay period for the purpose of ascertain-ing his/her hours worked. If an employee has an issue with his/her hours worked for a particular day, the Employer will provide the employee, upon request, with a print out of his/her hours worked.

The Employer shall not alter the information from the DIAD board, or information recorded through the use of any other technology, so as to diminish an employee’s compensable time, without the em-ployee’s knowledge. Further, the Employer shall post for an em-ployee’s review, a copy of the PTE edits for each day. No supervi-sor shall use a DIAD, or any other information recorded through the use of any other technology, under the name of an hourly em-ployee unless the employee is present. This includes for the pur-pose of training and demonstration.

Employees will not be responsible for any work performed by an-other employee using any electronic device under their name.

An employee’s hours worked and rate of pay shall be available for review electronically by the affected employee on a Company maintained website.

Upon request by an employee, steward or Local Union to a Compa-ny supervisor or their designee, the Employer shall provide copies of ODS messages. When such request is made on the same day the transmission(s) were sent, the operating center shall provide the printed copy of the transmission(s) that day. When such request is made after the day the transmission(s) were sent, but within twen-ty-five (25) days thereafter, the printed copy of the transmission(s) shall be provided within five (5) working days.

When requested by the Union, time clocks will be left in place for employees to record their work hours for their own personal use.

ARTICLE 13. PASSENGERS

No driver shall allow anyone, other than employees of the Employ-er who are on duty, to ride on their truck except by written authorization of the Employer, except in cases of emergency aris-

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Article 13ing out of disabled commercial equipment, accidents, or an Act of God, in accordance with Department of Transportation regulations.

ARTICLE 14. COMPENSATION CLAIMS

Section 1.When an injury is reported the reference number will be given to the employee and when requested, a copy of the injury report will be furnished to the employee within two (2) working days of such request. A copy of the injury report will also be furnished to the Local Union if requested by a Local Union official.

The Employer agrees to cooperate and make a reasonable effort to provide the disposition of employee on-the-job injury claims with-in ten (10) business days. No employee will be disciplined or threatened with discipline or retaliated against as a result of filing an on-the-job injury report. The Employer or its designee shall not visit an injured worker at his/her home.

The Employer shall provide the Union Co-chair of the National Safety and Health Committee with current summaries of the essen-tial functions of all positions covered by this Agreement. The Union shall have the right to challenge any such summary through the applicable grievance procedure. Any employee who is adverse-ly affected by any such summary shall have the right to challenge such summary through the applicable grievance procedure.

Any such decisions or settlements rendered through the grievance procedure, including but not limited to, at arbitration, shall be based solely upon, and applicable to, the facts present in that indi-vidual case and shall have no precedential effect beyond that case. This stipulation is limited to cases involving or referencing essen-tial job functions.

The Employer shall provide Worker’s Compensation protection for all employees even though not required by state law or the equivalent thereof if the injury arose out of or in the course of employment.

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Article 14An employee who is injured on the job, and is sent home, or to a hospital, or who must obtain medical attention, shall receive pay at the applicable hourly rate for the balance of his/her regular shift on that day. Upon receiving an employee’s timely report of injury, the Employer shall not pressure an employee to continue to work, nor shall the Employer interfere with an employee seeking medical at-tention. When, because of such pressure, an employee spends time in a clinic after his or her normal finish time, the time spent shall be the subject of a pay claim through the grievance procedure.

An employee who has returned to regular duties after sustaining a compensable injury, and who is required by the Worker’s Compen-sation doctor to receive additional medical treatment during the employee’s regularly scheduled working hours, shall receive the employee’s regular hourly rate of pay for such time.

The Employer agrees to provide any employee injured locally im-mediate transportation, at the time of injury, from the job to the nearest appropriate medical facility and return to the job, or to the employee’s home, if required. In such cases, no representative of the Employer shall be permitted to accompany the injured worker while he/she is receiving medical treatment and/or being examined by the medical provider, without the employee’s consent. In the event that any employee sustains an occupational illness or injury while on a run away from the home terminal, the Employer shall obtain medical treatment for the employee, if necessary, and, there-after, will provide transportation by bus, train, plane or automobile to the employee’s home terminal, if and when directed by a doctor.

An employee that has a change in his/her medical duty status shall report that change to the Employer.

In the event of a fatality, arising in the course of employment while away from the home terminal, the Employer shall return the de-ceased to the home of the deceased at the point of domicile.

Section 2. Temporary Alternate WorkThe Company may continue a modified work program on a nondis-criminatory basis. This program is designed to provide temporary

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Article 14work opportunity to those employees who are unable to perform their normal work assignments due to an on-the-job injury. Em-ployees shall be provided their guaranteed hours with a start time no more than two (2) hours earlier or two (2) hours later than their normal start time for the duration of TAW, provided the work is available. The Company will make reasonable efforts to ensure that the assignment is within this window. These guaranteed hours will be reduced as medical restrictions dictate. Pay rates for TAW as-signments will be at the employee’s regular rate of pay.

With the exception of feeder drivers, when an employee is released to return to work after a work injury of six (6) months or greater, the Employer shall provide, if requested by the employee, a work hard-ening schedule in which the employee can work their guaranteed hours for up to five (5) days. When possible, package drivers will provide advance notice of return to work so as to be counted toward the eight hour requests.

The Employer will develop a list of possible TAW assignments by location. It is understood that this list may not be all-inclusive and management maintains the right to determine the availability and designation of all TAW assignments. The Employer shall provide the names and assignments of employees on TAW upon the Local Union’s request.

In areas that have existing TAW programs providing better employ-ee benefits and protections than guaranteed by this Article, such protections and benefits will not be diminished by this Article.

Any such program that has been, or is in effect, as of the effective date of this Agreement, shall be reduced to writing, a copy of which must be submitted to the National Safety and Health Committee and the affected Local Union. If either party wants to include non-work related injuries or illnesses under the TAW program the par-ties will meet and agree upon such amendment. The Employer shall also meet with the Local Union upon request to discuss any chang-es the Local Union may propose in the TAW program. Any unre-solved issues will be referred to the National Safety and Health Grievance Committee for resolution.

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Article 14Section 3. Permanently Disabled EmployeesThe Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee.

The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommoda-tion not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Safety and Health Grievance Committee.

If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the griev-ance must follow the normal grievance procedure in order to re-solve that issue before it can be docketed with the National Safety and Health Committee.

Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws.

The parties agree that appropriate accommodations under this Sec-tion are to be determined on a case-by-case basis.

If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reason-able accommodation if the employee is qualified and meets the es-sential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed in to the applicable

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Article 14part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his com-pany seniority, and will receive the part-time contractual entitle-ments as per the appropriate Supplement, Rider, or Addendum us-ing his Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should he become able to perform the essential functions of the job with or without a reasonable accommodation; have the ability to bid on openings as his seniority allows, providing he can perform the es-sential functions of that job; and have the ability to accept the part-time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be enti-tled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.

Section 3.1Pursuant to Article 22.3 and Article 37 and notwithstanding lan-guage in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time positions that may be filled by employees who can no longer perform their assigned job. When full-time openings occur, these employees will be given the opportunity to fill the opening prior to the Employer hiring from the outside. The employee must be physically fit and qualified to perform the new job. The employee placed in the opening will be paid the rate for the job based upon the employee’s seniority.

ARTICLE 15. MILITARY CLAUSESection 1. USERRA RightsEmployees in service in the uniformed services of the United States, as defined by the provisions of the Uniform Services Em-ployment and Reemployment Rights Act (USERRA), Title 38, U.S. Code Chapter 43, shall be granted all rights and privileges provided by USERRA and/or other applicable state and federal laws. This

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Article 15shall include continuation of health coverage as provided by US-ERRA, and pension contributions for the employee’s period of ser-vice, as provided by USERRA. Employees shall be subject to all obligations contained in USERRA which must be satisfied for the employees to be covered by the statute.

The Employer, in its discretion, may make additional payments or award additional benefits to employees on leave for service in the uniformed services in excess of the requirements outlined in the USERRA.

Section 2. Vacation RestorationEmployees on USERRA-approved military leave shall continue to accrue vacation to be used upon return as set forth below. To be eli-gible for accrual, employees must be (i) employed by UPS for at least one (1) year, (ii) be a member of the uniformed services at time of callup, and (iii) be called into active duty (other than for training) for a period of service exceeding thirty (30) days pursuant to any provision of law because of a war or national emergency declared by the President of the United States or Congress. An eligible employ-ee returning to work as per USERRA shall be entitled to annual va-cation for the remainder of that contractual vacation period based on the number of weeks to which he/she is entitled for years of service and the quarter in the current contractual vacation period in which the employee returns from eligible military leave, as follows:

No. Wks Q1 Q2 Q3 Q46 6 4 3 15 5 3 2 14 4 3 2 13 3 2 1 12 2 1 1 1

In no event shall the employee have less than one (1) week of vaca-tion available upon his/her return.

For the next contractual vacation period, the employee shall be credited with the vacation he would have accrued while he was on military leave. In no event shall the employee have less than he is

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Article 15entitled to based on total years of service under the applicable Supplement.

The treatment of unused vacation and the scheduling of the vaca-tion shall be in accordance with the applicable Supplemental, Rider or Addendum.

Section 3. Notification of LeaveUpon notification from an employee that he/she is taking USERRA qualified military leave, the Employer shall notify the Local Union within five (5) business days.

Section 4. Spousal Transfer RightsIn the event an active member of the military is transferred to a different geographic location and his or her spouse works for the Employer, the employee may submit a written request to the Em-ployer to transfer to the same geographical area. The transfer shall be approved subject to the following conditions:

a. A full or part-time opening, as applicable, in the job classifica-tion exists at the desired location. The position must be one that an existing employee does not have a right to be awarded.

b. Job classification seniority is end-tailed.

c. Company seniority is retained for the purposes of the number of weeks of vacation, holiday eligibility, and benefit purposes.

d. The transfer must be requested in advance of the relocation to ensure that there is no break in service by the transferring employ-ee. If no permanent position is available at the time of the reloca-tion the provisions of paragraph a. above, shall apply for a maxi-mum of six (6) months.

e. The Employer shall not be responsible for any moving expenses or work missed by the employee.

f. An employee who transfers out of his or her original area where they are covered by a Teamster Pension Trust Fund into the juris-

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Article 15diction of another pension trust fund, such employee shall remain in his or her original pension trust fund. The Employer agrees to pay the required pension contributions to the employee’s original pension trust fund as set forth in the trust agreement, provided there is no conflict with any collective bargaining agreement and/or trust agreement.

ARTICLE 16. LEAVE OF ABSENCESection 1.The Employer agrees to grant the necessary time off, without dis-crimination or loss of seniority rights and without pay, to any em-ployee designated by the Union to attend a labor convention or serve in any capacity on other official business, provided for-ty-eight (48) hours written notice is given to the Employer, by the Union, specifying length of time off. The Union agrees that, in making its request for time off for Union activities, due consider-ation shall be given to the number of employees affected in order that there shall be no disruption of the Employer’s operations due to lack of available employees.

A Union member elected or appointed to serve as a Union official shall be granted a leave of absence during the period of such em-ployment, without discrimination or loss of seniority rights, and without pay.

Section 2.Any employee desiring leave of absence from employment shall secure written permission from both the Union and the Employer. The request for leave of absence shall be made in writing at least thirty (30) days before the day on which the leave is sought to com-mence. If the leave is not foreseeable, the employee shall submit the written request as soon as possible and shall include an expla-nation why the leave was not foreseeable. The Employer and Union shall respond to the request in writing within ten (10) days after receiving the request. The maximum leave of absence shall be for ninety (90) days and may be extended for like periods. Permission for same must be secured from both the Union and the Employer.

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Article 16During the period of absence, the employee shall not engage in gainful employment, except as provided in Section 3 below.

Failure to comply with this provision shall result in the complete loss of seniority rights for the employees involved. Inability to work because of proven sickness or injury shall not result in the loss of seniority rights. The employee may make suitable arrange-ments for the continuation of health and welfare and pension pay-ments before the leave may be approved by either the Local Union or the Employer.

Section 3. Loss of LicenseSection 3.1 Leave of AbsenceWhen an employee, in any job classification requiring driving, los-es his or her operating privilege or whose license has been suspend-ed or revoked for reasons other than those for which the employee can be discharged by the Employer, leave shall be granted for such time as the employee’s operating privilege or license had been sus-pended or revoked, but not for a period longer than two (2) years, provided the driver whose operating privilege or license has been suspended or revoked notifies the employee’s immediate supervi-sor before the employee’s next report to work of such suspension or revocation. The above provision need only apply to the first (1st) suspension or revocation except for suspension of commercial drivers license (CDL) of one (1) year or less duration.

Employees who take a leave of absence under this Section whose loss of operating privilege or license is the result of driving under the influence of drugs or alcohol will be allowed alternative work and to return to their job in accordance with Section 3.3 below.

Section 3.2 Alternate Work (Other than Alcohol/Controlled Substance)When an employee, in any job classification requiring driving, has lost his/her license under this Article he/she shall be afforded the opportunity to displace junior, one (1) full-time or two (2) part-time, inside employees, until he/she can return to his/her driving job, not to exceed two (2) years, unless provided for otherwise in

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Article 16the Supplements, Riders or Addenda. The employee shall receive the appropriate rate of pay for the job performed based on his/her seniority. Coverage for benefits shall continue for the length of the leave of absence or for the job duration, up to two (2) years.

Section 3.3 Alternative Work (Alcohol/Controlled Substance)

When an employee, in any job classification requiring driving, has lost his/her license for driving under the influence of alcohol or a controlled substance he/she will be offered available inside work of one (1) full-time or two (2) part-time openings, not to exceed two (2) years provided that the employee is assessed by a Substance Abuse Professional (SAP) and is released to return to work by the SAP. The SAP shall establish the terms upon which the employee may return to work. The employee must also enter a rehabilitation program, if required by the SAP, within one (1) month of the SAP’s assessment. The employee shall be returned to driving once he/she successfully completes the rehabilitation program, provided his/her driving privileges have been restored. The employee shall receive the appropriate rate of pay for the job performed based on his/her seniority. Coverage for benefits shall continue for the length of the leave of absence or for the job duration, up to two (2) years.

Any driver cited for Driving Under the Influence who does not have his/her license suspended, or who has limited driving privileges, shall be assessed by a SAP within five (5) working days of the cita-tion. If the SAP determines the driver does not require rehabilita-tion, then he/she shall be allowed to return to driving. Until the as-sessment is completed, the driver shall be allowed to work at his hourly wage and guarantee. If rehabilitation is required, the above paragraph shall also be applicable. The right to rehabilitation pro-vided in Article 35, Section 4.11 shall not be applicable to a driver who completes a rehabilitation program under this paragraph, un-less, as a result of the DUI citation, the driver is convicted or loses his/her license for driving.

This Section does not apply to the employee that has lost his/her license for being disqualified for testing positive for controlled sub-stances.

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Article 16Section 3.4 CDL QualificationThis Article shall also apply in the event an employee is unable to successfully pass the DOT commercial drivers license (CDL) ex-amination provided the employee makes a bona fide effort to pass the test each time the opportunity presents itself.

Section 4. Maternity and Paternity LeaveIt is understood that maternity leave for female employees shall be granted with no loss of seniority for such period of time as her doctor shall determine that she is physically or mentally unable to return to her normal duties and maternity leave must comply with applicable state and federal laws.

A light duty request, certified in writing by a physician, shall be granted in compliance with state or federal laws, if applicable. Light duty requests shall also be made through the Employer’s “Light Duty for Pregnant Workers” program.

Paternity leave shall be granted in accordance with Section 6 of this Article with the exception of employees not able to meet the quali-fications set out in Section 6, who shall be granted leave not to ex-ceed one (1) week.

Notwithstanding any provision to the contrary in any Supplement, Rider, or Addenda, an employee shall be allowed to designate in any vacation year paid time off up to twenty (20) days, to be used in the next vacation year, in accordance with this paragraph. Any paid time off that is provided on a weekly basis can only be banked in weekly increments. The accrued paid time off may be used in the next vaca-tion year to cover any period of time that (1) the employee is deter-mined to be unable to perform her job due to pregnancy (for the fa-ther, time off is requested due to the birth) and (2) is not covered by the FMLA, existing disability plans or other paid time off. If the ac-crued time off is not used in that year, it will be paid to the employee within two (2) weeks of the request. If the vacation is not used as part of the leave, and it would have originally been taken in that vacation year, the employee shall also have the option of rescheduling the unused vacation as time off in accordance with local practice.

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Article 16Section 5. Rehabilitation Program—

Leave of AbsenceAn employee shall be permitted to take a leave of absence for the purpose of undergoing treatment in an approved program for alco-holism or substance abuse. Employees may use the United Parcel Service Employee Assistance Program (EAP), a Union sponsored rehabilitation program, as well as any other referral service in choosing an approved program for treatment.

Employees shall be permitted to take advantage of a rehabilitation program once every five (5) years, three (3) times lifetime maxi-mum, under all conditions of this Article.

The leave of absence must be requested prior to the commission of any act subject to disciplinary action except as provided in Article

35, Section 3 and Section 4. The leave of absence shall be for a maximum of ninety (90) days; additional time may be granted if it is mutually agreed between the Company and the Union, or re-quested by the Substance Abuse Professional (SAP). While on such leave, the employee shall not receive any of the benefits provided by this Agreement, Supplements, Riders and/or Addenda, except the continued accrual of seniority.

If an employee voluntarily enters such a rehabilitation program, under the provisions of the Article, the following shall apply:

1. Before returning to work, the Employer shall ensure that the em-ployee is “alcohol/drug free” This requirement shall be satisfied when the employee has provided a negative drug test result, as per cutoff levels contained in Section 3.3 or Section 3.4 of Article 35, as applicable, and/or an alcohol test with an alcohol concentration less than .02. The Employer will make all reasonable efforts to conduct all return-to-work testing, conference calls, and examinations within five (5) working days of completion of a rehabilitation program.

2. Within one (1) year of the date on which an employee returns to work, the employee may be subject to unannounced alcohol/drug

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Article 16testing, as specified in the return to work agreement. The one (1) year period may be extended only by the SAP and must be substan-tiated by written verification of the SAP.

3. Unannounced alcohol/drug testing for the above-mentioned em-ployee, if required shall be determined by the SAP as provided in this Article. The date, time and place of collection for alcohol/drug testing, if required, shall be determined by the SAP.

4. Failure to comply with the after-care treatment plan or a positive specimen as part of the after-care treatment plan will result in dis-cipline pursuant to Article 35, Sections 3.13 and 4.11.

All alcohol/drug treatment agreements including pre-care, aftercare and return to work agreements entered into shall be confidential and signed by the employee and the SAP overseeing the treatment program and must have been approved by the Local Union business agent prior to the employee’s signature. The postcare agreement shall comply with all provisions of this Article.

The Employer agrees to recognize the employee’s rights to privacy and confidentiality while being party to such an agreement. The Employer agrees that in all circumstances the employee’s dignity will be considered and all necessary steps taken to insure that the entire process does nothing to demean, embarrass or offend the em-ployee unnecessarily.

Section 6. Family and Medical Leave Act (FMLA)All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.

Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued at least 625 paid hours during the past twelve (12) months is eligi-ble for unpaid leave as set forth below, except that the amount of leave allowed will be computed at one half (1/2) of the time provid-ed by the FMLA.

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Article 16Eligible employees are entitled up to a total of 12/6 weeks of un-paid leave during any twelve (12) month period for the following reasons:

1. Birth of a child;

2. Adoption or placement for foster care;

3. To care for a spouse, child, or parent of the employee due to a serious health condition;

4. A serious health condition of the employee.

The employee’s seniority rights shall continue as if the employee had not taken leave under this section, and the Employer will main-tain health insurance coverage during the period of the leave.

The Employer may require the employee to substitute accrued paid vacation or other paid leave for part of the 12/6 week leave period.

The employee is required to provide the Employer with at least thirty (30) days advance notice before FMLA leave begins if the need for leave is foreseeable. If the leave is not foreseeable, the employee is required to give notice as soon as practicable. The Em-ployer has the right to require medical certification of a need for leave under this Act. In addition, the Employer has the right to re-quire a second (2nd) opinion at the Employer’s expense.

The provisions of this section are in response to the Federal Act and shall not supersede any state or local law, which provides for great-er employee rights.

Section 7. DisabilityWhen an employee is injured off the job, the Company shall use its best efforts to provide the employee with all necessary documents and reasonable assistance in order to assist with the processing of the employees’ disability claim.

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Article 17ARTICLE 17. PAID FOR TIME

All employees covered by this Agreement shall be paid for all time spent in service of the Employer. Rates of pay provided for by this Agreement shall be minimums. Time shall be computed from the time that the employee is ordered to report for work and registers in and until the employee is effectively released from duty. All time lost due to delays as a result of overloads or certificate violations involving federal, state or city regulations, which occur through no fault of the driver, shall be paid for by the Employer.

The Employer will not allow employees to work prior to their start time without appropriate compensation.

Wages for properly selected vacations, in all instances, will be paid to the employees no later than the workday prior to their vacation. If the employee does not receive his/her vacation check, the Employer will make all reasonable efforts to provide the check the following day including delivery by Saturday or Next Day Air. If the employee requests to see his vacation check on the Monday as permitted be-low and the Employer fails to make the vacation payment available by Saturday following the employee’s regular scheduled pay day, the employee shall be paid an additional amount equal to one-half (1/2) of his or her daily guarantee at his or her regular hourly rate of pay for every subsequent pay period until the shortage is corrected. Other shortages involving more than fifty ($50.00) dollars for full-time employees, and twenty-five ($25.00) dollars for part-time em-ployees, will be corrected and the payment will be made available to the employee at his/her reporting location on his/her second sched-uled workday after reporting the shortage. If the Employer fails to make the payment available on the employee’s second scheduled workday and the shortage was the result of the Employer’s error, the employee will be paid an additional amount equal to one-half (1/2) of his/her daily guarantee at his/her regular hourly rate for every full pay period in which the shortage is not paid after the second (2nd) scheduled work day, until corrected.

Errors of less than fifty ($50.00) dollars for full-time employees or twenty-five ($25.00) dollars for part-time employees and overages

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Article 17will be corrected in the following weekly paycheck. The Union and Employer shall have the authority at any level of the grievance pro-cedure to award a penalty up to the amount specified in the prior paragraph for any violation of the provision.

If an employee works in different classifications during a shift that are paid at different rates, the different hours and rates shall be available for review electronically by an employee on a Company maintained website. Any grievance payments included on a pay-check will also be available for review by affected employees elec-tronically with the applicable identifying grievance number on a website maintained by the Employer. Nothing in this paragraph is intended to eliminate any local practices regarding availability of data regarding grievance settlements.

Any grievance settlement not paid within ten (10) working days of the settlement shall entitle the grievant(s) to a penalty payment as outlined above. The ten (10) working day period shall begin to run when the Labor Department representative agrees to the settlement, or is notified by the Union or management team of the settlement. The Employer shall pay a maximum of one penalty payment for a multi-grievant grievance, which shall be subject to the additional penalties set forth above for untimely payment, until corrected.

When an employee notifies the Employer in writing of any ongoing overpayment, the employee’s increasing liability will cease five (5) working days after the date of the written notification. The notifi-cation shall be provided to the employee’s immediate supervisor or manager.

All employees must receive their vacation pay in a separate check before taking vacation. Vacation checks for an employee, who is taking a properly scheduled vacation in accordance with the appli-cable Supplement, Rider or Addendum, will be at the operating center on Monday of the week prior to the employee’s vacation week(s). This is to ensure that the employee receives his/her pay prior to taking his/her vacation. The employee will be shown his/her check upon request, but will not receive the check until the regular scheduled pay day.

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Article 17All green checks will be taxed at the employee’s regular withhold-ing tax rate.

Paycheck stubs will show the year-to-date vacation, sick and per-sonal leave balances.

ARTICLE 18. SAFETY AND HEALTH EQUIPMENT, ACCIDENTS AND REPORTS

PreambleThe Employer and the Union agree that the safety of the employees and the general public is of utmost importance.

The Employer and the Union have developed the following Sec-tions and Subsections of this Agreement to respond to that mutual concern for safety. The contract language responds to a variety of areas related to safety, health, ergonomics, climatic conditions as well as federal, state and local laws dedicated to providing a safe and healthy workplace.

To address safety and health issues, the Employer and the Union have developed the following:

A. A National UPS/IBT Safety and Health Committee;

B. A National UPS/IBT Safety and Health Grievance Committee to respond to safety, health, ergonomic and climatic issues and con-cerns; and

C. A Safety and Health Committee, chaired by the UPS Director of Health and Safety and the IBT Director of Safety and Health, will be formed to address present and future safety and health issues and solutions; and

D. Local area joint labor/management committees comprised of bargaining unit members and management to address job related safety and health concerns through the Comprehensive Health and Safety Process (CHSP).

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Article 18Notwithstanding the employee’s right to contact federal, state or local agencies, it is the recommendation of the committee that is-sues and concerns, regarding this Agreement, should first be brought before the National Safety and Health Committee.

Union requests to access Company vehicles and/or facilities for the purpose of investigating safety and health issues shall proceed as follows:

Upon request of a Local Union, and with the approval of the UPS/IBT National Safety and Health co-chairs, representatives of the Union, accompanied by Company representatives, will be provided reasonable and necessary access to the Company’s vehicles and/or facilities for the purpose of investigating safety and health issues.

Should the UPS/IBT National Safety and Health co-chairs not reach agreement on an access request, the matter shall be referred to the Employer’s Vice President of Labor Relations and the Co-Chair of the Teamsters United Parcel Service Negotiating Commit-tee for resolution.

Section 1. Employeesʼ Rights— Equipment, Vehicles and Conditions

The Employer shall not require employees to take out on the streets or highways any vehicle, or use any type of equipment, that is not in a safe operating condition or equipped with the safety appliances prescribed by law. First line trailers will be swept on a daily basis. All package cars and tractors will be maintained in a clean and sanitary condition including mirrors and windows.

Under no circumstances will an employee be required or assigned to engage in any activity involving dangerous conditions of work or danger to a person or property or in violation of a government reg-ulation relating to safety of person or equipment. The term “danger-ous conditions of work” does not relate to the type of cargo which is to be hauled or handled.

It shall not be a violation of this Agreement, or cause for disci-plinary action, where employees refuse to operate equipment or a

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Article 18vehicle when such operation constitutes a violation of any state or federal rules, regulations, standards or orders applicable to com-mercial motor vehicle safety or health, or because of the employ-ee’s reasonable apprehension of serious injury to himself/herself or the public due to the unsafe conditions as set out in any state or federal rules, regulations, standards or orders applicable to com-mercial motor vehicle safety or health to include Part 392.14 of the Federal Motor Carrier Regulations.

The Employer shall ensure conveyors passing overhead shall be guarded so as to prevent the material transported from falling and causing injury to employees below.

Section 2. Out of Service Equipment and Vehicle Reports

All equipment which is refused, or has been written up for repair, because not mechanically sound or properly equipped, shall be ap-propriately tagged, and placed out of service, so that it cannot be used by other drivers, or employees until the Automotive/Mainte-nance Department has adjusted the complaint.

Employees shall immediately, or at the end of their shifts, report all known defects of equipment on a suitable form furnished by the Employer. The Employer shall not ask or require any employee to utilize equipment that has been reported by any other employee as being in an unsafe condition. Such equipment will be red tagged, as necessary, by automotive/maintenance personnel. The tag must not be removed until the Automotive/Maintenance Department has de-termined that the vehicle/equipment is in a safe operating condition or, where no Automotive/Maintenance Department exists, qualified management will make the deciding determination. Management not qualified to make such a determination, will consult with qual-ified automotive/maintenance personnel before removing a red tag. The person making the decision will sign off the car condition re-port or other form required by law. Any automotive/maintenance person consulted will be noted on this report.

When the occasion arises where an employee gives a written report on forms in use by the Employer of a vehicle/equipment being in

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Article 18unsafe working or operating condition and receives no consider-ation from the Employer, the employee shall take the matter up with an officer of the Union, who will take the matter up with the Employer. But in no event shall an employee be required to operate a vehicle/equipment that is unsafe or in violation of any federal, state or local, rules, regulations, standards or orders applicable to equipment or commercial motor vehicles.

Copies of the car-condition reports or Driver Vehicle Inspection Reports (DVIR) will be available in centers for review by drivers. Upon notification, drivers may make copies of said reports in facil-ities that have copy equipment. In facilities with no copy equip-ment, the employee will be provided a copy as soon as practical, when requested. In no case will the copy of the DVIR remain valid after the DOT retention requirement (ninety (90) days) or the orig-inal DVIR expires. The current DVIR will be maintained in each vehicle between completion of Preventative Maintenance Inspec-tions (PMI). Other copies will be made available for review by drivers as required by the Federal Motor Carrier Safety Act (FMCS), 49 CFR 396, as applicable to the Employer. In cases where the electronic Driver Vehicle Inspection Report (eDVIR) and/or the electronic Car Condition Report (eCCR) system has been installed, drivers can view previous reports from any Feeder Data Terminal (FDT).

Section 3. Accidents and ReportsAny employee involved in any accident shall immediately notify the Employer.

When required by the Employer, the employee, before the end of the employee’s shift, shall complete a report of the accident includ-ing all available names and addresses of witnesses to the accident. The reference number will be given to the employee, and when re-quested, a copy of the accident report will be furnished to the em-ployee within two (2) working days of such request. A copy of the accident report will also be furnished to the Local Union if request-ed by a Local Union official. In cases of equipment accidents where a Driver’s Report of Accident form is completed, the employee will be given a copy of the form the same day, when requested. In facil-

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Article 18ities with no copy equipment the employee will be provided a copy as soon as practicable.

In the event of a vehicle accident, the Employer shall have twenty (20) days to complete its investigation, if warranted, and ten (10) days to take disciplinary action, if any, unless otherwise mutually agreed. Except for serious accidents, where the driver may be pre-sumed to be at fault, a driver will not be removed from the payroll during an investigation of the accident.

A serious accident is defined as one in which:

1. There is a fatality, or;

2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;

3. A citation is issued and one or more motor vehicles incur dis-abling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle, or:

4. Any vehicular contact with an aircraft which results in damage that grounds such aircraft, or;

5. There is an accident involving a motor vehicle on Company property, outside of any building, that results in a fatality or bodily injury to a person, who as a result of the injury receives medical treatment away from the scene of the accident.

The driver will be entitled to non-driving work during this period at his/her normal rate of pay.

The Employer and the Union mutually agree that the employee’s rights to Union representation will be protected pursuant to Article 4 of the National Master UPS Agreement.

Any pictures and/or video used from an accident for the purpose of educating the workforce shall exclude the identity of employee(s)

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Article 18involved in the accident. Such pictures and/or video shall only be used for accident prevention, and not to embarrass or denigrate any employee.

Section 4. SeatsThe Employer will provide high-back air-ride seats in all new trac-tors and when replacing the driver seat in present tractor equip-ment. Such seats shall be maintained in a proper and reasonable condition.

When replacing the seat cushion in package cars where the seat is attached to a post, the Employer will use the new soft ride cushion agreed to. When replacing the seat back, the Employer agrees to provide the new seat back with the adjustable lumbar support fea-ture. Seat backs will be replaced as needed subject to availability from the manufacturer. In all new P-32 through P-120 vehicles, the Employer agrees to provide multi-adjust seats.

Section 5. Sun VisorsEmployer approved replacement sun visors will be provided upon request on all equipment.

Section 6. Building HeatCenters will be heated, where practical.

On a facility-by-facility basis, to include temporary facilities, the Employer will evaluate whether additional ventilation or heat is needed for purposes of safety and health. This will include clerical work areas outside of office structures in the UPS facilities. Should any employee(s) have concerns with respect to ventilation or heat issues, they shall be addressed by the appropriate local CHSP Com-mittee. Should the local CHSP Committee not satisfactorily ad-dress the issue, a grievance may be filed and would be sent directly to the National Safety and Health Grievance Committee.

Section 6.1 Indoor Air Pollution1. Motor vehicles shall be physically connected to a local exhaust ventilation system when the operations in the shop require that the

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Article 18vehicle engine be idled or otherwise operated. Shop areas shall be designated as separate walled-in areas.

2. The Employer will instruct drivers of motor vehicles not to al-low vehicles to unreasonably idle while indoors.

Section 7. Trailer ConfigurationThe Employer will make every effort to have the heaviest loaded trailer as the lead trailer. If the percent of load in one (1) trailer ex-ceeds the other by twenty-five percent (25%) or more, such trailer shall be the lead trailer, except when state or federal regulations require otherwise. However, if the driver feels the percentage ex-ceeds twenty-five percent (25%) in the rear trailer or the unit does not handle properly, he/she may contact management and will be authorized to switch the unit and be paid for such time.

Section 8. RadiosRadios will be allowed in package cars. Such radios shall not inhib-it the driver’s view, nor shall they be unsecured.

The use of Citizen Band (C.B.) Radios, not to exceed five (5) watts, shall be permitted in all feeder road equipment as follows:

a. Operators of C.B. Radios must conform to FCC rules and regu-lations and be properly licensed and license be on record with the Employer.

b. Head sets and earphones shall not be allowed.

c. The Employer will not be responsible in any way for any dam-age or loss of C.B. Radio equipment.

d. All power hookups and antenna brackets shall be provided and installed by the Employer.

e. Antennas shall be so installed that they do not interfere with the operation of the wash rack or restrict the vision of the driver.

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Article 18Section 8.1 Distracted DriversThe Employer and Union recognize that there are various federal, state and local statutes, regulations and ordinances on the use of handheld devices while a commercial motor vehicle is in motion. In the interest of the safety of our drivers and the general public, driv-ers must comply with the applicable restrictions. The Employer will use its best efforts to educate drivers on the restrictions appli-cable in each geographic area.

If permitted by state and/or federal law, headsets, Bluetooth ear pieces, and earphones that are used in moving vehicles shall only cover one ear.

Section 8.2 Non-Driving EmployeesThe use of handheld devices by non-driving employees will be with the approval of the Employer.

Section 9. TiresOnly first-line tires will be used on the steering axle of feeder road equipment, including P80’s used as feeders. In case of breakdown a temporary replacement other than a first-line tire may be used to return to the home terminal. The Company agrees to not mix radials and bias ply tires on the same unit.

Any safety concerns regarding tires shall be referred to the local Safety and Health Committee for review.

Section 10. ShocksWhere the manufacturer recommends and provides shock absorb-ers as standard equipment, properly maintained shocks on such equipment shall be considered as a necessary and integral part of that assembly.

Section 11. MirrorsAll vehicles shall be equipped with regular mirrors and a convex mirror.

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Article 18New feeder road equipment shall be equipped with heated mirrors. Any feeder road equipment not presently equipped shall be equipped with heated minors when the mirrors require replacement.

The Employer shall continue to install and maintain the agreed to camera monitor backing system devices in all package cars for the furtherance of safety while backing. If technological advances would allow a more effective system or enhancements in the cur-rent system, the Employer shall meet with the Union to discuss and review any potential changes.

Upon request, cab-over tractors with a lower window on the right side door will be equipped with a convex mirror on the door.

Section 12. Dollies

All new dollies placed into service shall be counter balanced (max 70 lb. lift weight) with handles on the tongue. All dollies in the system will be counter balanced for 70 lb. lift weight and have han-dles on the tongue.

Section 13. Exhaust Systems

All new diesel tractors added to the fleet after January 1, 1994, shall be equipped with a vertical exhaust stack. Recognizing the advanc-es made in the reduction of diesel emissions, the chairmen of the National UPS/IBT Safety and Health Committee shall meet to dis-cuss a pilot program involving alternative tractor exhaust systems. Package car exhaust systems, when replaced, shall exit to the side of the vehicle.

Section 14. Package Cars

All new package cars, P-32 and larger, added to the fleet shall be equipped with package compartment venting. Upon ratification of this Agreement, the Climatic Conditions Committee shall meet to evaluate and, if needed, recommend appropriate method(s) for venting the package compartments. The installation of cab com-partment fans will be determined by individual districts.

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Article 18All requests for door handle shields coverings will be complied with in a timely manner.

When requested, package cars larger than a P-32 will have grab handles located on the curb side of the package car and mounted on the inside, and will be equipped with mounting brackets to secure hand carts. The Employer will make every effort to require all new package car designs to have lower cab entry steps. All new package cars shall be equipped with step tread plates on both the driver and passenger sides.

Gear shift extensions shall be addressed on a case-by-case basis. All new package cars placed into service shall be equipped with power steering.

The Employer will replace package cars at a rate no less than the percent replaced over the duration of the prior contract that expired July 31, 2018. The Union will be notified if the Employer cannot meet this schedule because of volume downturns.

A package car will be equipped with a hand cart at the driver’s request.

Section 14.1 Driver Safety and SecurityThe bulk head door release in package cars must be accessible from the inside as well as the outside in order to enable exit from the package compartment.

Section 15. Heaters and DefrostersThe Employer shall install and maintain heaters and defrosters on all trucks and all safety equipment required by law. Complaints re-garding heaters or defrosters not being in proper working order shall be addressed pursuant to the red-tagging procedures under Article 18, Section 2.

All new step van package cars will be manufactured with a mini-mum of 44,000 BTU heaters. In extreme cold climates concerns over in cab conditions may be brought before the local Safety and Health Committee for review and resolution.

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Article 18Section 16. Noise AbatementAll new package cars and feeders, will be ordered to comply with Federal Motor Carrier Safety Regulations (FMCSR), regarding in cab noise levels.

Section 17. Vehicle IntegrityThe Employer agrees to maintain all door and engine compartment seals in order to eliminate, as much as possible, fumes, dust and moisture in the package car.

Section 18. Vehicle and Personal Safety EquipmentAll automotive vehicles shall be equipped with a manufacturer cer-tified seat belt restraint system. Jump seats shall be equipped with a safety belt. Three-point shoulder harness safety belts shall be pro-vided on the driver’s side of all new vehicles, and on the jump seat for all new P-32 through P-120 vehicles and all new 24-foot vans. It shall be required that the driver’s seat belt and the jump seat safety belt be worn at all times when the vehicle is moving. Feeder tractor door locks, where provided as original equipment, shall be maintained in working order.

Golf cart usage will comply with applicable federal, state and local regulations.

Section 19. Qualification on EquipmentIf the Employer or a government agency requests a regular employee to qualify on equipment requiring a classified or special license, or in the event an employee is required to qualify (recognizing seniority) on such equipment in order to obtain a better job opportunity with his/her Employer, the Employer shall allow such regular employee the use of the equipment so required in order to take the examination.

Section 19.1. Clerical AreasAny issues that may arise with regard to anti-fatigue mats for cleri-cal areas shall be referred to the appropriate local CHSP Committee for investigation. Should the local CHSP Committee not satisfacto-

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Article 18rily address the issue, a grievance may be filed and would be sent directly to the National Safety and Health Grievance Committee.

Section 20. National UPS/IBT Safety and Health Committee

Section 20.1 National UPS/IBT Safety and Health Committee—Safety, Health and Equipment Issues

The Employer and the Union shall maintain a National UPS/IBT Safety and Health Committee. The Committee shall be governed by the terms of this Agreement and by an agreed to set of rules of procedure.

It is the responsibility of the Committee to provide guidance and recommendations on all factual issues, involving safety and health (including ergonomic issues) and equipment, affecting employees covered by the National Master United Parcel Service Agreement. The Committee is also charged with the responsibility to review and approve the development and implementation of the CHSP. At the discretion of the chairmen, it may also consider any subject pertaining to the safety and health of the employees covered by this Agreement which it deems significant. Such Committee shall convene on a regular basis, with an agenda to be agreed to by the respective chairmen.

As agreed by the chairmen, the Committee may establish such sub-committees as it deems necessary to address matters affecting safe-ty and health.

Section 20.2— National UPS/IBT Safety and Health Grievance Committee

The Committee shall also serve as the National UPS/IBT Safety and Health Grievance Committee. All interpretations and grievanc-es, of a factual nature, arising under but not limited to Articles 18 and 35 of the National Master UPS Agreement shall be heard by the Committee, pursuant to Article 8, of the National Master UPS Agreement, and the rules of the National Grievance Committee.

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Article 18Decisions of this Committee shall be final and binding on all par-ties. Cases that are deadlocked by the Committee, unless called to the National Grievance Committee by mutual agreement of the Na-tional Chairpersons, may proceed to arbitration.

The Committee shall meet in conjunction with the National Griev-ance Panel to resolve all cases on its agenda.

Section 20.3 Climatic Conditions CommitteeThe National UPS/IBT Safety and Health Committee is also re-sponsible for the Climatic Conditions Committee, formulated to review severe climatic conditions that may seriously affect employ-ees in different geographic areas.

The Committee shall have the authority to resolve factual issues before it and its decision will be final and binding. Cases that are deadlocked by the committee shall be referred to the National Grievance Committee.

Section 20.4 Safety and Health CommitteesThere shall be Safety and Health Committees to cover all full-time and part-time employees. There shall be one (1) committee per Center unless the number of employees and/or job classifications within a center dictate the establishment of more than one (1) com-mittee. The respective committees will be comprised of a mutually agreed to number of bargaining unit representatives and up to an equal number of management representatives.

Recognizing the importance of the role of the Safety and Health Committees in resolving the issues of safety, the Employer and the Union reaffirm their commitment to the active involvement of the Committees in such processes, in accordance with the terms of this Article.

The Local Union shall approve the bargaining unit members who serve on these Committees. The Union co-chair of the commit-tee(s) shall be selected by the bargaining unit members of the com-mittee. In the event that a Local Union desires to cease participation

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Article 18in the safety committees, prior approval must be authorized by the Union Co-Chair of the Teamsters United Parcel Service National Negotiating Committee who shall also inform the Employer’s Pres-ident of Labor Relations of the request.

Both parties recognize and reaffirm the importance of maintaining properly functioning Safety and Health Committees and shall make a good faith effort to work out any differences prior to requesting authorization to cease participation.

Bargaining unit members may not perform Safety Committee ob-servations or access personnel records of fellow bargaining unit members that can be interpreted as being a management role. Safe-ty Committee observations shall only be performed to further the purposes of that Committee as defined in this section and to pro-mote a safer work environment. Activities will be reviewed with the Local Union. Under no circumstances can the results of a Safe-ty Committee observation be used in any level of discipline, nor reference any individual bargaining unit member.

Each committee shall meet at least once each month at a mutually agreeable time and place. The Employer shall provide committee members with adequate time to perform committee functions, as described in paragraphs 1 through 7 below.

Each committee shall perform functions including, but not limited to:

1. Creating sub-committees, on an as needed basis, to investigate specific issues of safety and health concern. These committees shall report to the full committee.

2. Developing and maintaining minutes for all meetings, with cop-ies to all committee members and posted on designated safety bul-letin boards.

3. Conducting periodic inspections of the facility to ensure that there is a safe, healthful and sanitary working environment in each center.

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Article 184. Accompanying governmental, union, and/or Company health and safety professionals on facility inspection tours. The Employer may limit the number of bargaining unit members of the committee accompanying such an inspection tour.

5. Receiving information pertaining to lost workday injury/acci-dent causes and review results of the investigation of such injuries/accidents.

6. Receiving copies of the center’s OSHA Illness and Injury logs and the facility’s man-hours.

7. Receiving the Company sponsored training to enable committee members to effectively perform their respective functions as safety and health committee members.

Any information provided to a CHSP committee will not be shared outside the committee without the Employer’s consent.

If the committee is unable to resolve a safety and health concern and all steps of the Comprehensive Health and Safety Process (CHSP) have been exhausted, the issue will be subject to the griev-ance procedure.

Section 21. Hazardous Materials Handling ProgramThe Employer and the Union in compliance with the Occupational Safety and Health Administration (OSHA) have developed a com-prehensive program to deal with hazardous material spills, the UPS Damaged Package Response procedure. As a result of the Agree-ment, the Employer developed a training program for individuals who are responsible for responding to spills of hazardous materials.

The Employer agrees to:

1. Provide twelve (12) hours of training, and the proper equipment, to those employees involved in the clean-up of hazardous material spills. All designated responders, when positions become open, will be selected in seniority order. The Employer will allow first re-sponders to resign their position with written notice given at least

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Article 18ninety (90) days prior to their annual certification. The resignation will become effective upon the identification and completion of training of a replacement. The training of the identified replace-ment shall not exceed ninety (90) days. The Employer may disqual-ify such employees from holding the position of designated re-sponder for a period of one (1) year.

2. Provide one (1) hour of awareness training to every employee who handles packages potentially containing hazardous materials.

3. Conduct training for new employees during orientations and for current employees during normal working hours, with all employ-ees compensated at the appropriate rate of pay.

4. Provide the necessary medical examination for designated first responders at no cost to the employee.

5. Provide annual refresher training to all employees.

6. Comply with all applicable state and federal OSHA regulations regarding hazardous materials.

7. Identify, process and store all hazardous type waste, resulting from spilled or leaking packages, in accordance with all applicable federal, state and local laws. Processing of hazardous material spills will be initiated and completed as soon as practicable, but in all events prior to the hazmat responder being assigned to other non-hazmat duties or completing his/her shift. The Employer des-ignated processing area will be properly ventilated.

8. Conduct emergency evacuation drills on an annual basis.

9. The Employer will hold meetings, with the designated respond-ers, on a scheduled basis, and when necessary will hold special meetings, to discuss and resolve problems or concerns related to hazardous material handling, clean-up and storage of hazardous materials. The Employer agrees to resolve any problems or con-cerns as expeditiously as possible.

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Article 18The National UPS/IBT Safety and Health Committee is also re-sponsible for an Occupational Safety and Health Subcommittee to provide training recommendations for handling hazardous materi-als, toxic and other harmful substances for appropriate bargaining unit employees.

This Committee shall function as part of the National UPS/IBT Safety and Health Committee and shall review UPS hazardous ma-terials training programs and make recommendations for improve-ments in:

1. Training course content, material and frequency.

2. Equipment needed.

3. Other related issues deemed appropriate by the Committee. Fail-ure of the subcommittee or the National UPS/IBT Safety and

Health Committee to reach an agreement will result in the unre-solved issue being processed under the National Grievance proce-dure rules.

Section 22. Incompatible Package HandlingThe Employer agrees that all irregular or incompatible packages such as bars, buckets, exposed metal parts, tire rims, etc., shall be given special handling in accordance with UPS handling methods and local conditions.

Section 23. Union LiabilityNothing in the Agreement or its Supplements relating to health, safety or training rules or regulations shall create or be construed to create any liability or responsibility on behalf of the Union for any injury or accident to any employee or any person or does the Union assume any such liability or responsibility.

The Employer will not commence legal action against the Union, on a subrogation theory, contribution theory, or otherwise, as a re-sult of the Union’s negotiation of safety standards contained in this

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Article 18Agreement or failure to properly investigate or follow-up Employ-er compliance with those safety standards.

Section 24. EgressThe Employer shall monitor conditions in and around all work ar-eas including but not limited to sort aisles and areas where vehicles are loaded or unloaded to ensure that temporary impediments cre-ated by placed or fallen packages are minimized. The Employer shall not permit packages, materials, or equipment to be placed permanently or temporarily within the 28in wide exit access in front of an exit door or at the top or bottom of a stairway that is part of an exit access point.

Section 25. Building SecurityThe Employer shall have the right to implement and/or maintain building inbound and outbound security procedures on a local ba-sis. The Employer shall meet with the applicable local union(s) to review and discuss the procedures prior to any new implementa-tion.

Section 26. Recording DevicesIn facilities where video surveillance equipment is maintained, the Employer shall post a sign identifying the presence of video sur-veillance where employees enter the facility.

ARTICLE 19. POSTING

The Employer agrees to supply and provide suitable space for the Union bulletin board in each center, hub, or place of work. Postings by the Union on such board are to be confined to official business of the Union and on the Union’s official letterhead or TITANS. In each package center there shall be a covered bulletin board. Union Stewards shall have a key for the Union bulletin boards. The Em-ployer shall not remove, tamper with or alter any notice posted by the Union unless such notice is harmful to the Employer. Any such notice removed by the Employer shall be re-posted if the Union’s position is sustained through the grievance procedure.

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Article 20ARTICLE 20. EXAMINATION AND

IDENTIFICATION FEESSection 1. Required ExaminationPhysical, mental or other examinations required by a government body or the Employer shall be promptly complied with by all em-ployees; provided, however, the Employer shall not pay for any time spent in the case of applicants for jobs, but shall be responsible to other employees only for time spent at the place of examination or examinations where the time spent by the employee exceeds two (2) hours, and in that case only for those hours in excess of said two (2). Examinations are to be taken at the employee’s home area and are not to exceed one (1) in any one (1) year, unless the employee has suffered serious injury or illness within the year. Employees will not be required to take examinations during their working hours, unless paid by the Employer for all time spent. Employees shall be given reasonable notice of dates of examinations.

For those drivers subject to DOT regulations who possess a valid medical certificate from a designated DOT provider, the Employer shall pay for any additional physical, mental, or other examinations required by the Employer to confirm the validity of the medical certificate.

Section 2. Return to Work ExaminationIt is understood by the Employer and the Union that once an em-ployee notifies the Employer that he/she has been released to return to work by the employee’s doctor, the Company doctor must exam-ine the employee within three (3) working days from the time the employee brings the return-to-work slip to the Employer.

Section 3. Third Doctor ProcedureThe Employer reserves the right to select its own medical examiner or doctor and the Union may, if it believes an injustice has been done an employee, have said employee re-examined at the employ-ee’s expense. If the two (2) doctors disagree, the Employer and the Union shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision shall be final and binding on the Em-

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Article 20ployer, the Union and the employee. Neither the Employer nor the Union will attempt to circumvent the decision of the third (3rd) doctor and the expense of the third doctor shall be equally divided between the Employer and the Union.

If the third (3rd) doctor agrees that the employee should be returned to work, the employee shall be reimbursed at his/her daily guaran-tee, less any other monies received back to the date of the examina-tion by the Company doctor. It shall exclude any time the employee was not available for examination or work.

Section 4. Disqualified Driver—Alternative WorkExcept as provided for in Article 16, a driver who is judged medi-cally unqualified to drive, but is considered physically fit and qual-ified to perform other inside jobs, will be afforded the opportunity to displace the least senior full-time or part-time inside employee at such work until he/she can return to his/her driving job unless oth-erwise provided for in the Supplements, Riders or Addenda. The employee shall receive the appropriate rate of pay for the job per-formed based on his/her seniority or current area practice. If no full-time inside position is available, the Employer will meet with the Local Union to develop a full-time position, if possible out of available work.

In addition to those already covered by this section, disqualified drivers who are actively pursuing a waiver or exemption with the DOT may work inside pursuant to this section if there is a reasonable expectation that his or her waiver/exemption will be granted.

Section 5. IdentificationShould the Employer find it necessary to require employees to car-ry or record full personal identification, such requirements shall be complied with by the employees. The cost of such personal identi-fication shall be borne by the Employer.

All management personnel shall wear a nametag identifying them as supervision while on duty.

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Article 21ARTICLE 21. UNION ACTIVITY

Any employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for acts as such offi-cer of the Union so long as such acts do not interfere with the con-duct of the Employer’s business, nor shall there be any discrimina-tion against any employee because of union membership or activities. Any employee shall have the right to wear a Union pin where there is a practice affording such a right.

ARTICLE 22. FULL-TIME COMBINATION AND PART-TIME EMPLOYEES

Section 1.No part-time employee shall drive except:

(a) when no full-time employee or combination full-time employee is on the premises;

(b) to avoid delay in the work; or,

(c) as provided for in Article 40 Air Operation.

Section 2.The number of permanent full-time inside jobs in each Local Union area as of April 30, 1979, shall be guaranteed from replacement by part-time employees. In addition, the number of permanent full-time inside jobs created after April 30, 1979, under the provisions of Section 3 will also be guaranteed from replacement by part-time employees. The exception to the above will be in cases of bona fide agreements prior to the ratification of this Agreement.

Section 3.The parties agree that providing part-time employees the opportu-nity to become full-time employees is a priority of this Agreement. Accordingly, the Employer commits that during the life of this Agreement, it will offer part-time employees the opportunity to fill at least twenty thousand (20,000) permanent full-time job openings throughout its operations covered by this Agreement.

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Article 22This commitment shall include the obligation to create at least five thousand (5000) new full-time jobs from existing part-time jobs during the last four (4) years of this Agreement throughout its op-erations covered by this Agreement; five hundred (500) in the sec-ond contract year and fifteen hundred (1500) in each of the last three years of this Agreement. In creating these jobs, the Company shall be allowed up to one and one half (1.5) hour gap between jobs in a workday notwithstanding any provision in any Supple-ment, Rider or Addendum that is more limiting. Any disagree-ments will be referred to the Chairs of the National Negotiating Committee for resolution.

The number of full-time jobs created under Article 22, Section 3 of the 1997-2002, the 2002-2008 and the 2013-2018 Agreements shall not be reduced. Within sixty (60) days of the ratification of this Agreement the Employer shall provide the International Teamsters Union a report detailing and identifying the full-time jobs which will need to be maintained pursuant to this paragraph.

Section 4.

Section 4. (a)Part-time employees shall be given the opportunity to fill full-time jobs before hiring from the outside on a six for-one basis (six (6) part-time to every one (1) outside hire).

The following will be incorporated into the job selection proce-dures in the applicable Supplement, Rider or Addendum:

The Employer will fill all vacancies and permanent new jobs for part-time employees from the part-time selection list in all months except November and December.

Part-time employees with six (6) months or more seniority shall have the right to place their name on the list of employees waiting to be moved to a preferred job within their building. Such pre-ferred jobs shall include, but not be limited to: Preload, Sorter, Clerical, Irregular Train, Designated Responder, Carwasher, Load-er and Unloader. Employees do not have the right to select any

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Article 22specific unit, load or workstation unless a prior past practice has been established.

Part-time employees with less than six (6) months seniority shall have the right to bid a preferred job prior to the Employer hiring from off-the-street.

A maximum of twenty-five percent (25%) of the employees on a shift shall be allowed to change shifts in any one (1) calendar year. The employee obtaining the new position shall remain on that shift for at least six (6) months.

Section 4. (b). Full-Time Combination DriversAll existing regular full-time package car drivers (RPCD) shall be considered RPCD drivers for the purpose of this Section. The Union and Company commit to protect existing RPCDs from being sched-uled or forced to perform weekend delivery work and increasing the number of full-time opportunities for part-time employees. To achieve these objectives, the Company may create full-time 22.4 combination driving jobs. Such jobs may include inside work. In the event the Company utilizes this classification, the following shall ap-ply only to those buildings that include Saturday or Sunday delivery.

1. The number of RPCDs working a Monday through Friday schedule in each building, shall be verified and agreed to by each Local Union and the Company Labor Representative, as of August 1, 2018 and shall be protected jobs. “Protected jobs” shall include RPCDs that will continue to be replaced by employees covered un-der Article 41, Section 2. In the event the Company does not begin Saturday or Sunday delivery at a building until after August 1, 2018, the number of RPCD jobs in existence at the time of imple-mentation shall be included as “protected jobs.” A copy of the ver-ification shall be given to the Package Division and to Corporate Labor. Any disputes shall be determined no later than the October 2018 National Grievance Panel by the Director of the IBT Package Division and the President of Corporate Labor or their designee(s).

RPCDs working a Monday through Friday schedule shall be guaran-teed five (5) consecutive days of eight (8) consecutive hours per re-

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Article 22port and forty (40) straight time hours of straight time pay each week, if reporting each day as scheduled, as long as work is available.

Those RPCDs currently working Tuesday through Saturday shall be red circled by name and shall continue to be covered under Arti-cle 41, Section 2.

2. It is the commitment of the parties that RPCDs work a Monday through Friday schedule. To that end the parties agree that all RP-CDs currently working a Tuesday through Saturday schedule will transition to a Monday through Friday schedule as soon as practica-ble, within eighteen (18) months of ratification. The Company shall have an additional six (6) months for drivers hired directly into a Tuesday through Saturday schedule.

3. The number of protected RPCD jobs in each building as out-lined in this Article 22.4 (1) above, shall be guaranteed from re-placement by 22.4 combination drivers or from any part-time driv-ers as allowed by any Supplement, Rider or Addendum. In the event a protected job moves to another building or jurisdiction as a result of a change of operations or otherwise, the protected status shall follow the job. The number of 22.4 combination drivers shall not exceed twenty-five (25%) of the total number of RPCDs in the building. If the amount of regular Saturday or Sunday volume in a building consistently requires RPCD drivers to work Saturday or Sunday because of the twenty-five percent (25%) limit, the Pack-age Division Director and UPS President of Labor Relations shall be allowed to adjust the limit based on demonstrated service need.

4. No RPCD shall be laid off or displaced from the classification while 22.4 combination drivers are working in the building.

5. All 22.4 combination drivers shall be guaranteed eight (8) con-secutive hours of straight time pay per day, if reporting as sched-uled. All 22.4 combination drivers shall work a five (5) consecutive day schedule of Tuesday through Saturday or Wednesday through Sunday. This paragraph shall supersede any Supplement, Rider, or Addendum on the same subject.

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Article 226. When the new job includes inside work, the Company shall be entitled to establish up to a one-and-one-half hour (1.5) gap, to in-clude the meal period, between jobs in a workday. All other work-ing conditions not set forth herein, including, but not limited to, the work available for combination with driving, bidding procedures, holidays, vacations, etc. shall be set forth in the Supplements, Riders and Addenda.

7. 22.4 Combination drivers shall be paid in accordance with Arti-cle 41.4.

8. In the event the Company needs additional staffing to cover Sat-urday or Sunday ground deliveries, such work shall first be offered to RPCDs as set forth above, then to Article 22.4 combination driv-ers on their scheduled off day, then to part-time utility/cover/casual employees as permitted in the Supplement, Rider or Addendum. If sufficient volunteers are not obtained, the Company may force in reverse order in accordance with the applicable Supplement, Rider or Addendum.

9. No 22.4 combination driver shall be required to complete more than one (1) qualification period or progression. Any 22.4 combina-tion driver in progression who successfully bids any other full-time position shall slot in at the appropriate rate for the classification.

10. In the event a protected RPCD position becomes available, it shall be filled in accordance with the Supplement, Rider or Adden-dum, provided, however that no RPCD position shall be filled by an outside hire unless the job remains unfilled after exhaustion of the applicable bidding procedure.

11. Newly created 22.4 combination driver positions shall count toward the newly created 22.3 jobs required by this Agreement.

12. Article 37, Section 1 (b) and (c) shall not apply to 22.4 combi-nation drivers. In those buildings in which the Company creates 22.4 combination jobs to cover weekend deliveries, Article 37 Sec-tion 1 (c) 9.5 protections shall apply to all seniority RPCDs regard-less of the route they hold or number of years of seniority.

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Article 22Sections 5. Wages(a) Part-time Employees

All part-time employees who have attained seniority as of August 1, 2018 will receive the following general wage increases for each contract year but will in no case receive less than the hourly start rate specified on August 1st 2018-2022 as set forth in (b) below. The total wage increase for each year will be as follows:

2018 seventy cents ($0.70)2019 seventy-five cents ($0.75)2020 eighty cents ($0.80)2021 ninety cents ($0.90)2022 one dollar ($1.00)

(b) Newly hired part-time employees

In recognition of the fact that all of the Company’s part-time jobs require skills and to eliminate the two (2) tier progression existing in prior contracts, the parties have agreed to establish one uniform hourly rate for part-time employees who would have been subject to a progression. As such, all part-time employees, who are hired or reach seniority after August 1, 2018 will be paid according to the following wage schedules:

August 1, 2018 $13.00August 1, 2019 $14.00August 1, 2020 $14.50August 1, 2021 $15.00August 1, 2022 $15.50

(c) The wage rates and increases provided in (a) and (b) shall be a minimum.

(d) All part-time employees governed by this Article shall be pro-vided a minimum daily three and one-half (3-1/2) hour guarantee.

(e) Seniority part-time employees who are receiving an hourly rate higher than set forth above in Section (b), as a result of a Market

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Article 22Rate Adjustment, shall not have their hourly rate reduced due to the implementation of this Article.

Section 6. Part-Time Employee TransferPart-time employees who wish to transfer to another location for educational purposes may submit a written request to the Employ-er. If approved, the transfer shall be allowed subject to the follow-ing conditions:

A. A part-time opening exists at the desired location.

B. Employees must have attained seniority and been employed by the Employer for at least one (1) year.

C. Job Classification Seniority shall be end-tailed.

D. Company seniority shall be retained for the purpose of number of weeks of vacation, and number of holidays in accordance with the applicable Supplement at the new location.

E. Any expenses, including moving expenses associated with an approved transfer, shall be the responsibility of the employee.

Section 7. Benefit EntitlementsPart-time employees hired after August 1, 2008 will receive holi-days, personal days and option days provided by any applicable Supplement, rider, or Addendum no earlier than after one (1) year of active employment. This provision supersedes any provision on the same subject in any Supplement, Rider, or Addendum to the extent the provision makes holidays, personal days or option days available earlier than after one (1) year of service.

Section 8. Part-Time UPS Cartage Services, Inc. (CSI) EmployeesNew part-time dock CSI employees and those in progression at rat-ification shall be paid in accordance with Section 5 (b) above. To the extent a part-time CSI employee has completed (or subsequent-ly completes) any progression set forth in the applicable Adden-

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Article 22dum, he/she shall thereafter be entitled to the general wage increas-es set forth in Section 5(a) above. This Section shall supersede any contrary provision in any CSI Addenda.

ARTICLE 23. SEPARATION OF EMPLOYMENT

Upon discharge, the Employer shall pay all money due to the em-ployee during the first (1st) payroll department working day. Upon quitting, the Employer shall pay all money due to the employee on the payday in the week following such quitting.

ARTICLE 24. INSPECTION PRIVILEGES

Authorized agents of the Union shall have access to the Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that this Agreement is being adhered to, provided, however, that there is no interruption of the Employer’s working schedule.

The Employer agrees that in situations where a specific form of identification may be required by law to access a location, it will assist the Local Union in obtaining such identification so as to per-form their duties consistent with this Article.

ARTICLE 25. SEPARABILITY AND SAVINGS

If any article or section of this Agreement or Supplements, Riders or Addenda, hereto, be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or en-forcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remain-der of this Agreement and Supplements, Riders or Addenda, hereto, or the application of such article or section to persons or circum-stances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.

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Article 25In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either the Employer or the Union for the purpose of arriving at a mutually satisfactory replacement of such article or sec-tion during the period of invalidity or restraint. There shall be no limitations of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal and economic recourse in support of its demands notwith-standing any provisions of this Agreement to the contrary.

ARTICLE 26. COMPETITION

Section 1.The Union recognizes that the Employer is in direct competition with the United States Postal Service and other firms engaging in the distribution of express letter, parcel express, parcel delivery, and freight, both air and surface. In order to meet that competition and thereby protect and, if possible, increase the number of bar-gaining unit jobs, it is agreed that any provisions in this Agreement to the contrary notwithstanding, the Employer:

(a) may use substitute means of transportation (such as airplane, helicopter, ship or T.O.F.C.) in its operations; provided, however, that no feeder driver with more than three (3) years of seniority in the feeder driver classification will be laid off or displaced from a feeder classification as a result of a run being placed on the rail. However, the Employer shall not be required to remove loads from the rail to provide work for employees whose ground loads were eliminated or temporarily discontinued. Any claimed abuse of this Section by any of the Local Unions shall be subject to immediate review by the National Grievance Committee.

Merchandise that has been tendered by United Parcel Service to the railroad and moved by T.O.F.C. will not subsequently be moved by the railroad, on the ground, to its final destination. Any exception to

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Article 26the above language will be in cases of an emergency or cases where the railroad must ground the merchandise early to meet the compa-ny’s service commitment. In these cases, every effort will be made to use UPS employees. The destination Local Union will be noti-fied if UPS employees cannot be used.

In order to expand the work opportunities for members of the bar-gaining unit, the Employer will consider removing additional loads from the railroad or the other substitute means of transportation spec-ified in this Article. When the Employer removes loads on other than a temporary basis, it shall notify the Union of the number of new runs to be created as a result of moving such loads on the ground.

Temporary shall be limited to one (1) year unless there are circum-stances beyond the Company’s control. The one-year period will not be exceeded unless the UPS President of Labor Relations and Package Division Director mutually agree. Agreement will not be unreasonably withheld. The Employer and the Union shall agree on the most expeditious method to obtain additional personnel and/or equipment, if necessary, for the new runs to be operated by bargain-ing unit members. If the equipment or employees are not available, the Employer may use subcontractors for a reasonable start-up pe-riod, not to exceed thirty (30) days. The subcontracting can exceed thirty (30) days with the Union’s agreement if there are problems obtaining additional personnel or equipment. Agreement under this paragraph will not be unreasonably denied by the Union. All feeder positions created as a result of returning loads to the ground shall be counted toward the Employer’s obligation to create full-time jobs under Article 22.3 of this Agreement.

Bargaining unit employees will move scheduled T.O.F.C. loads from the rail yards to UPS locations except during peak season.

During peak season, the Employer will make every reasonable ef-fort, in accordance with the appropriate Supplement, Rider or Ad-dendum, to use current UPS employees and hire a sufficient number of employees to handle peak volume. After doing so, the Employer may use alternate means of transporting packages during peak sea-son and will utilize union carriers whenever possible. Plans to utilize

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Article 26outside carriers will be reviewed and agreed with the Local Union. Such agreement will not be unreasonably withheld.

No seniority feeder driver will be removed from his bid run at Peak and have that same route covered by an outside trucking carrier. Rescheduled routes which may be covered by an outside carrier will only occur if necessary to protect service.

UPS shall provide its plan to the affected Local Union by October 15th of each year. This shall not preclude UPS from making subse-quent alterations to the plan which shall also be reviewed with the Union.

No package car driver shall be forced to use his or her personal vehicle to deliver packages.

(b) may drop loaded or empty trailers at locations designated by it, its customers or consignees for customer or consignee loading or unloading. It is understood that customers and consignees will not move trailers for loading and/or unloading other than on their premises. It is further understood that dropping and picking up these trailers shall be done by members of the bargaining unit.

(c) All loading and unloading of dropped shipments at UPS loca-tions will be done by UPS bargaining unit employees.

Section 2.A Joint UPS/IBT Competition Committee shall be created with an equal number of Employer and Union representatives. The Com-mittee shall meet upon written request by either party for the pur-pose of discussing and evaluating proposals which, if adopted by the Committee, could create additional bargaining unit jobs, enable the Employer to more effectively compete with other companies, implement new services and products, or change existing services. Nothing within this provision or Agreement shall require the Em-ployer to offer or maintain any particular service or product.

In addition, the Joint UPS/IBT Competition Committee shall have the authority to review line haul runs that may be proposed by UPS

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Article 26Freight to create a two way run. UPS and the Union also agree to review and approve proposed runs that may be inclusive of runs currently being performed by vendors. In the event the parties do not agree, the runs shall not be implemented.

Section 3.Notwithstanding any other provision of the Agreement or any Sup-plement, Rider or Addendum, only the Local Union with jurisdic-tion in the geographic area in which a subcontracted feeder move-ment originates or the Teamsters United Parcel Service National Negotiating Committee in its own name shall have the right to file or pursue a grievance alleging that the movement is a contractual violation. The destination Local Union shall also have the right to file a grievance protesting a subcontracted movement. If the Local Union where the movement originated files a grievance on the run it shall take priority over any other grievance.

Section 4. Surepost1) In order to retain existing commercial customers that are solic-ited by a competitor offering services similar to those described herein, or to attract new commercial customers, the Company may offer service contracts that include the delivery of packages by the USPS. Packages eligible for such delivery will normally be less than ten (10) pounds in weight and less than three (3) cubic feet in size, in accordance with paragraph (2) below. Further, UPS agrees that the Surepost will not be presented as a general service offering except at UPS stores. This service will only be offered for ship-ping from a business to a residential customer. The Company agrees that it will not use Surepost as a basis to diminish the size of the bargaining unit.

2) The Company will continue to use technology that identifies two or more Surepost packages to be delivered to the same address and/or any combination of Surepost package(s) and ground pack-age(s) to be delivered to the same address. In such circumstances, all of the Surepost package(s) and ground package(s) will be deliv-ered by package drivers. The Company will maintain and update the technology that identifies multiple addresses in close proximi-

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Article 26ty to which any combination of Surepost and ground packages are to be delivered. The Company shall meet with the Competition Committee to review any potential expansion of the volume to be redirected and determine if it is economically feasible to handle in UPS’ operations.

The Company shall not deactivate or interfere with the operation of the technology that redirects Surepost volume to the Company un-less volume is being rolled in a building due to delivery constraints. In such event, redirect will only be deactivated for the affected building(s). The UPS President of Labor Relations, or his designee, will notify the Union’s Director of the Package Division of any deactivation.

3) The Joint UPS/IBT Competition committee will meet on a quar-terly basis to review the progress of this service and discuss poten-tial technological enhancements that will allow Surepost volume to be placed back in the UPS system for final mile delivery. Any issues or disputes related to the Surepost service that cannot be resolved by the Competition Committee shall be referred directly to the Chairs of the Union and the UPS National Negotiating Committees for discussion and resolution. In addition, the Union may notify the Employer of any opportunities to include additional addresses.

(4) If a driver or inside employee identifies a package designated for Surepost that is clearly more than ten (10) pounds and/or larger than three cubic feet, the package can be removed from the system and redirected for delivery by a package driver unless the Employ-er cannot deliver to the specified address.

Section 5. DOT Hours of ServiceThe Company shall not change the DOT sixty (60) hours in seven (7) days to the seventy (70) hours in eight (8) days rule for package drivers except at Peak. With prior approval of the Company’s President of Labor Relations and the Teamster’s Package Division Director, the DOT standard may also be changed if required due to Acts of God or emergencies creating service disruptions. When the Company changes the sixty (60) hour rule it shall first solicit vol-unteers to work in excess of sixty (60) hours from all package car

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Article 26drivers in the center. If sufficient volunteers cannot be obtained to cover the over sixty (60) work hours, the Company will first force seasonal package car drivers, non-seniority package car drivers, part-time cover driver classifications and, then Article 22.4(b) drivers. Seniority package car drivers will only be forced after exhausting the seasonal, non-probationary drivers force process, part-time cover driver classifications and Article 22.4(b) drivers. No regular package car driver red circled under Article 22.4(b) will be forced to work on a day off and exceed sixty (60) hours unless he has a full eight (8) hours of duty available. Any regular or Article 22.4 package car driver who volunteers or is forced to work over sixty (60) hours in a week pursuant to this paragraph will be compensated at double-time for those hours. This para-graph supersedes any provision in any Supplement, Rider or Ad-dendum which addresses this subject. This Section is not intended to give the Company the right to force seniority package car driv-ers to work on a weekend unless permitted by the applicable Sup-plement, Rider or Addendum.

Section 6. Removal of Loads from RailsIn order to enhance employees’ opportunities to obtain a full-time job and improve the Company’s ability to reduce time-in-transit and improve service, the following provisions will apply:

1. The Company commits that the number of new drivers needed to remove loads from the rail shall be, at least, two thousand (2000), over the life of the current contract. The Company shall be required to train or hire, at least two hundred (200) drivers by De-cember 31, 2019 and twenty-five percent (25%) of the remaining needed drivers each calendar year thereafter. As long as the Com-pany satisfies these hiring/training obligations, it shall have the right to cover these runs with substitute means of transportation. The Employer shall provide the Union a report identifying the loads covered by this Section. The Company shall meet with the Union to resolve any issues which may arise if circumstances be-yond the Company’s control preclude the Company from training or hiring needed drivers in any area. The Company shall train or hire a sufficient number of drivers to cover these runs by the end of the current labor agreement.

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Article 262. The Company shall provide the Package Division Director its initial plans to remove and cover these loads. In addition, upon re-quest, the Company will review with the Package Division Direc-tor, or his designee, the Company’s progress in implementing this Section. The review shall include the Company’s hiring and train-ing of drivers to ensure that reasonable efforts are being made to staff the runs with bargaining unit employees and eliminate the vendors, as soon as practical. If the Company is not making reason-able progress in training the drivers necessary to replace vendors in any area, UPS’ President of Labor Relations and the IBT Package Division Director shall have the authority to determine how and where training will be accomplished.

3. Article 43 shall apply to these runs except for the approval pro-cess.

4. No seniority employee in the feeder driver classification as of Au-gust 1, 2018 shall be displaced from the classification or laid off as result of the use of substitute transportation pursuant to this Section.

ARTICLE 27. EMERGENCY REOPENING

In the event of war, declaration of emergency, imposition of man-datory economic controls, the adoption of a National Health Pro-gram or any Congressional or Federal Agency action which has a significantly adverse effect on the financial structure of the Em-ployer, during the life of this Agreement, either party may reopen the same upon sixty (60) days’ written notice and request renego-tiation of the provisions of this Agreement directly affected by such action. There shall be no limitation of time for such written notice. Upon the failure of the parties to agree in such negotia-tions, within sixty (60) days thereafter, either party shall be per-mitted all lawful economic recourse to support its request for re-visions. If governmental approval of revisions should become necessary, all parties will cooperate to the utmost to attain such approval. The parties agree that the notice provided herein shall be accepted by all parties as compliance with the notice require-ments of applicable law, so as to permit economic action at the expiration thereof.

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Article 28ARTICLE 28. SYMPATHETIC ACTION

In the event of a labor dispute between the Employer, party to this Agreement, and any International Brotherhood of Teamsters’ Union, parties to this or any other International Brotherhood of Teamsters’ Agreement, during the course of which dispute such Union engages in lawful economic activities which are not in vio-lation of this or such other agreement, then any other affiliate of the International Brotherhood of Teamsters, having an agreement with such Employer, shall have the right only if sanctioned pursuant to the procedures of the International Constitution, and only after re-ceiving such sanctions, to engage in lawful economic activity against such Employer in support of the above first mentioned Union notwithstanding anything to the contrary in this Agreement or the International Brotherhood of Teamsters’ Agreement between such Employer and such other affiliate.

ARTICLE 29.Section 1. Jury DutyWhen a seniority employee is called for jury duty service, he/she shall be excused from his/her regular duties on the days he/she is required to appear in court or comply with jury rules that prevent him/her from reporting for work. For any regularly scheduled workday in which time off for such jury service is granted, the full-time employee shall be paid his/her guarantee and the part-time employee shall receive four (4) hours’ pay at his/her straight-time hourly rate, less any amount received as a jury duty fee if such fees are defined as wages under applicable laws. The employee shall be required, however, to turn over to the Employer adequate proof of his/her jury duty service and compensation, if any, in order to re-ceive the compensation above provided.

Employees who are scheduled to work a day shift shall not be re-quired to report for work on any day he/she is required to report for jury duty unless released from jury duty not less than six (6) hours prior to the end of his/her regularly scheduled shift, in which event he/she will be allowed two (2) hours from the time he/she is re-

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Article 29leased from jury duty to report and work the remainder of his/her regularly scheduled shift.

Employees scheduled to work any shift other than the day shift shall not be required to report to work on any day he/she is required to report for jury duty unless he/she has been released from jury duty not less than four (4) hours prior to the start time of his/her regular shift and provided further he/she would complete such shift not less than ten (10) hours prior to the time he/she is required to report for jury duty the next/following day. Notwithstanding the above, no employee, working other than a day shift, will be re-quired to report to work on a night if he or she has served jury duty that day and that service prevents him or her from reporting for work. An employee’s schedule will be adjusted by the Employer when possible to avoid a situation in which the employee otherwise misses more than one day of work for any day of jury duty.

In the event an employee returns to work after being released from jury duty and works beyond his/her regularly scheduled work day such hours worked shall be compensated for at the applicable over-time rate of pay.

An employee who is required to report for jury duty during a week of previously scheduled vacation may select another available week of vacation.

Time spent on jury duty service will be considered time worked for purposes of Employer contributions to health & welfare and pen-sion plans, vacation eligibility and payment, holidays and seniority, in accordance with the applicable provisions of the Supplemental Agreements, Riders and Addenda.

The language contained in this Article will supersede any provision in any Supplement, Rider or Addendum.

Section 2. Funeral LeaveIn the event of a death of a member of the employee’s family, a seniority employee shall be allowed a reasonable time off to attend the funeral or other bereavement rite.

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Article 29Members of the employee’s family means spouse, child, or step-child, grandchild, father, mother, brother, sister, grandparents, mother-in-law and father-in-law and step-parents.

A regular full-time employee shall be guaranteed two (2) days off to be taken between the day of death and two (2) working days following the funeral provided the employee attends the funeral or other bereavement rite. In cases involving the funeral of a rela-tive listed in paragraph 2 above, an employee who attends the fu-neral or bereavement rite is guaranteed a minimum of two (2) days off.

An employee shall be allowed one (1) day off to attend the funeral or other bereavement rite of a sister-in-law, spouse’s grandparent or a brother-in-law. Reimbursement for this day shall be the same as provided below.

Time off shall not extend beyond the day of the funeral unless an additional day is required for travel, except as provided above. In no event will total compensated time off exceed four (4) scheduled work days. The employee will be reimbursed at eight (8) times the employee‘s straight-time hourly rate for each day lost from work for those employees whose regular scheduled workweek is five (5) days, and ten (10) times the straight-time hourly rate for those em-ployees whose regular scheduled workweek is four (4) days. Part-time employees will receive the same benefits as above, paid at four (4) times the employee’s hourly rate. Better conditions contained in Supplements, Riders or Addenda will be maintained by present em-ployees. All employees hired after July 2, 1982 will be covered by the above language.

Section 3. Tax Deferred Savings Plan 401(k)The Employer and the Union agree to continue the Teamster UPS National 401(k) Tax Deferred Savings Plan. The Employer shall pay the record-keeping expense for the Plan.

It is further agreed, by the Union and the Employer, that the Em-ployer shall withhold from an employee’s earnings, amounts mutu-ally agreed between the Employer and the employee, and deposit

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Article 29such monies into a 401(k) account in the employee’s name in com-pliance with the Internal Revenue Code and E.R.I.S.A.

This Plan will be jointly administered by the Union and the Employer.

ARTICLE 30. JURISDICTIONAL DISPUTES

In the event that any dispute should arise between any Local Unions party to this Agreement or between any Local Union party to this Agreement and any other Union, relating to jurisdiction over employ-ees or operations covered by this Agreement, the Employer agrees to accept and comply with the decision or settlement of the Unions or Union tribunals which have the authority to determine such dispute. The parties do not intend by this paragraph to take away the Employ-er’s right to designate the home domicile of his employees; provided, however, that any employees adversely affected shall have recourse to the grievance procedure. The Employer further agrees that prior to the change of the domicile of any of its employees, it shall so notify the Unions directly involved.

ARTICLE 31. GARNISHMENTS

In the event of notice to the Employer that a court order has been is-sued requiring the Employer to withhold a percentage of an employ-ee’s wages to satisfy a garnishment, the Employer may take disci-plinary action if the employee fails to satisfy such garnishment or wage assignment within a seventy-two (72) hour period after notice to the employee that the Employer is considering disciplinary action. However, the Employer may not discharge any employee by reason of the fact that his/her earnings have been subjected to garnishment or wage assignment for any one (1) indebtedness. An employee may be suspended by reason of the fact that his/her earnings have been sub-jected to garnishment or wage assignment for any one (1) indebted-ness, but any such suspension must be for a fixed, stated period of time.

If the Employer is notified of three (3) garnishments or wage as-signments for more than one (1) debt, irrespective of whether satis-

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Article 31fied by the employee within a seventy-two (72) hour period, the employee may be subjected to discipline. However, the employee may not be discharged upon notice of a third (3rd) garnishment, under this provision, unless and until the Employer has actually begun withholding the employee’s wages on a second (2nd) debt. If the Employer has an established practice of discipline or discharge with a fewer number of garnishments or wage assignments, or im-pending garnishments or wage assignments, and if the employee fails to adjust the matter within the seventy-two (72) hour period, such past practice shall be applicable, provided it does not result in the discharge of an employee prior to the actual withholding of the employee’s wages for a second (2nd) debt.

A garnishment for child support or alimony shall not be considered a debt for purposes of discipline.

The Employer shall comply with federal, state and local law in en-forcing the provisions of this Article. Discipline or discharge pursu-ant to this Article shall be reasonable and nondiscriminatory.

ARTICLE 32. SUBCONTRACTING

For the purpose of preserving work and job opportunities for the employees covered by this Agreement, the Employer agrees that no work or services of the kind, nature or type, and including new operations or buildings, covered by, presently performed, or hereaf-ter assigned to the collective bargaining unit will be subcontracted, transferred, leased, assigned or conveyed in whole or in part to any other plant, person or non-unit employees, unless otherwise provid-ed in this Agreement. The Employer may not subcontract work in any classification for the purpose of avoiding overtime. The Em-ployer may not subcontract work in any classification if any em-ployee who normally performs such work is on layoff.

The number of car washer and porter jobs in the bargaining unit as of July 31, 1990 shall be guaranteed from replacement by the Em-ployer subcontracting this work. It is further agreed that additions to the workforce in areas that currently have bargaining unit em-

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Article 32ployees performing this work shall become bargaining unit mem-bers covered under this Agreement.

ARTICLE 33. COST-OF-LIVING (COLA)

All seniority employees who have completed their appropriate wage progression schedule shall be covered by the provisions of a cost-of-living allowance, as set forth in this Agreement.

Employees who have not completed their appropriate wage pro-gression on the effective date of a COLA increase, shall receive the adjustment on a prospective basis on the date they complete their wage progression schedules.

The amount of the cost-of-living allowance shall be determined as provided below on the basis of the “Consumer Price Index for Ur-ban Wage Earners and Clerical Workers, CPI-W (Revised Series using 1982-1984 Expenditure Patterns), All Items (1982-84 = 100), published by the Bureau of Labor Statistics, U.S. Department of Labor” and referred to herein as the “Index”.

Effective August 1, 2019 and every August 1 thereafter during the life of the Agreement, a cost-of-living allowance will be calculated on the basis of the difference between the Index for May 2019 (published June 2019) and every May thereafter, and the base In-dex for May 2018 (published June 2018) and every May thereafter, as follows:

For every two tenths (0.2) point increase in the Index, over and above the base (prior year’s) Index plus three percent (3.0%) there will be a one (1) cent increase in the hourly wage rates payable on August 1, 2019 and every August 1 thereafter. These increases shall only be payable if they equal five cents ($.05) in a year.

All cost-of-living allowances paid under this Agreement will be-come and remain a fixed part of the base wage rate for all job clas-sifications. A decline in the Index shall not result in the reduction of classification base wage rates.

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Article 33Mileage paid employees will receive cost-of-living allowances on the basis of .25 mills per mile for each one (1) cent increase in hourly wages, subject to the threshold set forth above.

In the event the appropriate Index figure is not issued before the effective date of the cost-of-living adjustment, the cost-of-living adjustment that is required will be made at the beginning of the first (1st) pay period after the receipt of the Index.

In the event that the Index shall be revised or discontinued and in the event the Bureau of Labor Statistics, U.S. Department of Labor, does not issue information which would enable the Employer and the Union to know what the Index would have been had it not been revised or discontinued, then the Employer and the Union will meet, negotiate, and agree upon an appropriate substitute for the Index. Upon the failure of the parties to agree within sixty (60) days, thereafter, the issue of an appropriate substitute shall be sub-mitted to an arbitrator for determination. The arbitrator’s decision shall be final and binding.

ARTICLE 34. HEALTH & WELFARE AND PENSION

Section 1.(a)(i) Except as set forth in this Section 1(a), Health & Welfare and/or pension contributions shall be increased by forty dollars ($40.00) per week on August 1, 2018 and on each subsequent Au-gust 1st during the life of the contract. Where the employees are covered by both Teamster Health & Welfare and Pension Funds in a Supplement, Rider or Addendum, the weekly health & welfare and pension contributions shall be allocated by the respective Joint Supplemental Area Negotiating Committees, subject to the approv-al of the Joint National Negotiating Committee.

(ii) In those Supplements, Riders or Addenda, where the full-time or part-time employees are covered by TeamCare and a pension plan sponsored by the Employer, the hourly increase to be allocated for Health & Welfare for these full-time employees as follows:

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Article 34August 1, 2018 ($0.50)August 1, 2019 ($0.50)August 1, 2020 ($0.50)August 1, 2021 (TBD based on TeamCare costs,

not to exceed $0.70)August 1, 2022 (TBD based on TeamCare costs,

not to exceed $0.70)

The rates shall be as follows for covered part-time employees:

August 1, 2018 ($0.30)August 1, 2019 ($0.30)August 1, 2020 ($0.30)August 1, 2021 (TBD based on TeamCare costs,

not to exceed $0.50)August 1, 2022 (TBD based on TeamCare costs,

not to exceed $0.50)

2) For years 2018 through 2021, the remaining fifty cents ($0.50) will be allocated to the applicable Taft-Hartley Pension Plan or the UPS/IBT Pension Plan, as applicable. The health and welfare contribution increases in 2021 and 2022 will be based on Team-Care’s actual costs. In those two years, the applicable Taft-Hart-ley Pension Plan or the UPS/IBT Pension Plan, as applicable, will receive for a pension allocation the differential between the in-crease to TeamCare and one dollar ($1.00). This paragraph shall be applied to the part-time employee contributions in the same manner except in the first three (3) years the remaining amount shall be seventy cents ($0.70). For part-time employees the differ-ential in the last two (2) years will be determined based on the fifty cent ($0.50) maximum.

(iii) [Reserved]

(iv) The increases accrued under this Article on August 1st, of each year, can only be allocated to health & welfare and/or pension ex-cept as provided within this Article. Any dispute concerning the al-location of health & welfare and pension money shall be determined and/or resolved by the Joint National Negotiating Committee.

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Article 34(v) If, in accordance with a duly adopted funding improvement plan or rehabilitation plan, an IBT Pension Fund is required to issue a schedule pursuant to ERISA Section 305 (added by the Pension Protection Act of 2006) that requires contributions in excess of those contained within this Article, the Union and the Employer shall promptly meet to negotiate changes in the Agreement to gen-erate sufficient savings to cover the cost of the increased contribu-tions. Agreement shall not be unreasonably withheld. Once com-pleted, the applicable Fund shall be obligated to accept the schedule as if it was the beginning of the term of a new labor agreement.

(b) Monthly, daily and hourly health & welfare and pension contri-butions shall be converted from the weekly rate increases in accor-dance with past practice.

(c) During the life of this Agreement, the Employer will continue to make applicable contributions to all IBT Health and Welfare Funds and all IBT Pension Funds (or the successor funds in case of merger of funds) for full-time and/or part-time employees in all Supplements, Riders and Addenda where the Employer was mak-ing contributions for full-time and/or part-time employees on May 1, 1982, unless stated to the contrary in this Article or changes plac-ing these employees in UPS plans are negotiated and agreed to by the National Negotiating Committee.

(d) In those Supplements, Riders and Addenda where the Employ-er was providing health & welfare and/or pension benefit coverage to employees (either full-time or part-time) on May 1, 1982, the Employer will continue to provide health & welfare and/or pension benefit coverage under the Company plan(s), with funding under the related trust(s) established by the Employer for this purpose, for the life of this Agreement unless specified otherwise in the applica-ble Supplemental Agreement, Rider, Addendum or this Article. However, this paragraph will only apply through December 31, 2013, as it relates to health &welfare coverage.

(e) All contractual provisions relating to pensions shall be provided in the respective Supplemental Agreements, Riders and Addenda. Refer-ences to Company provided health & welfare are being deleted from

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Article 34the Supplements, Riders and Addenda because the Company will no longer be providing medical coverage after December 31, 2013.

(f) The agreements on Maintenance of Benefits for Teamster Health and Welfare Plans in the Western Region of Teamsters Supplemental Agreement and in the Northern California Supplement Agreement shall continue in full force and effect during the life of this Agree-ment. The increase in any Supplement, Rider or addendum as a re-sult of a Maintenance of Benefit increases shall be allocated as fol-lows: the hourly increase in Health and Welfare in each year of the contract necessary to maintain benefits will be determined by the Trustees of each individual Health & Welfare Plan. The remainder of the contribution increase set forth in Section 1.(a), if any will be paid into pension. The Employer’s total annual increase in contribu-tions to the applicable Taft-Hartley Pension and/or Pension Fund shall equal at least the amount set forth in Section 1(a) above.

The portion of the increased amount set forth in paragraph 1(a) above to be allocated to the Teamsters Western Region & Local 177 Health Care Plan each year will be determined by the Trustees of that Plan. The remainder of the annual contribution increase set forth in Section 1(a), if any, shall be paid into pension. This paragraph shall not apply if the Western Conference of Teamsters Pension Fund becomes sub-ject to a funding improvement or rehabilitation plan.

(g) The Employer shall not be required to contribute to any jointly trusteed health and welfare plan, consistent with the practices and rules and regulations of such plan in effect as of August 1, 2018 an amount greater than the amount it contributed on July 31, 2018 plus the increases required by this Master Agreement, except as may be required by law notwithstanding any language to the contrary in any Trust Agreement, Participation Agreement or similar docu-ment. The only exception to the above is the Maintenance of Bene-fits provision in paragraph (f) above.

(h) In the event that there is any change in the existing national health care legislation or if new legislation is enacted, the parties agree to meet and discuss any ramifications of that legislation on the provisions of this Article.

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Article 34(i) UPS Part-time Pension Plan

(1) The UPS Pension Plan will be improved to provide monthly benefits for part-time employees not covered by Teamster Pension Plans as follows: The benefit formula in the UPS Pension Plan for current or future part-time employees who are participants will be increased effective August 1, 2004 to fifty-five dollars ($55.00) for each year of past and future Credited Service to a maximum of thirty-five (35) years of Credited Service. The benefit formula in the UPS Pension Plan for current or future part-time employees who are participants will be increased solely for purposes of the monthly accrued benefit, effective August 1, 2008 to sixty dollars ($60.00) for each year of future Credited Service to a maximum of 35 years of Credited Service. If a participant is in Covered Em-ployment on August 1, 2008, he shall receive the sixty dollars ($60.00) benefit formula for the entire 2008 plan year.

The total monthly service pension benefit will be equal to the fol-lowing provided the employee meets the Credited Service require-ment.

$2275 for retirement at any age after 35 years of part-time Credited Service

$1950 for retirement at any age after 30 years of part-time Credited Service

$1625 for retirement at age 60 with 25 years of part-time Credited Service

$1325 for retirement at any age with 25 years of part-time Credited Service (based on $53.00 per year of Credited Service)

(2) Part-time employees will receive one (1) year of Credited Ser-vice for seven hundred fifty (750) or more paid hours. (Six (6) months of part-time Credited Service will be granted for three hun-dred seventy-five (375) to five hundred (500) hours worked in a calendar year, and nine (9) months of part-time Credited Service will be granted for five hundred one (501) to seven hundred for-

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Article 34ty-nine (749) hours worked in a calendar year.) This paragraph will also be applied to determine Credited Service for all full-time em-ployees on the payroll on August 1, 2002 who were formerly par-ticipants in the UPS Pension Plan.

(3) The Employer will be responsible for funding the UPS Pension Plan as required to provide the benefits described above and will be responsible for maintaining the plan.

(4) The UPS Pension Plan will be governed by the terms of the Plan document.

(5) Effective August 1, 2002, the Employer will grant additional years of Credited Service in accordance with the terms of the Plan to all full-time and part-time employees on the payroll on August 1, 2002, who worked for UPS after they were twenty-one (21) but were denied Credited Service solely because the UPS Pension Plan required that an employee be age twenty-five (25) or older to par-ticipate in the UPS Pension Plan.

(6) For those multi-employer pension plans with which the UPS Pension Plan does not have reciprocity, the UPS Pension Plan will execute a mutually agreeable reciprocity agreement with those plans.

(7) The Company will amend the UPS Pension Plan to allow an employee with an hour of service in covered employment on or after August 1, 2013 to become a participant on the January 1 or July 1 (whichever is earlier), after reaching age 21 and completing a 12 month period of employment beginning on their hire date, or any subsequent calendar year, in which they earned at least 375 hours of service. In addition, in order to receive any retroactive benefit service as a result of the change, the employee’s primary job as of August 1, 2013 must be a part-time position. The Pension Plan will also be amended to reduce the number of hours of service re-quired to earn a vesting year from 750 to 375. This paragraph does not change how benefit service is accrued.

(j) Long-Term Disability

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Article 34(1) Full-time seniority employees will become eligible for long-term disability (LTD) after six (6) months of employment for non-occupational illnesses or injuries that last longer than twen-ty-six (26) weeks.

(2) Long-term disability benefits will equal sixty percent (60%) of the employee’s base weekly pay to a maximum of eight hundred dollars ($800) per week for up to five (5) years. Long-term disabil-ity benefits begin when short-term disability coverage ends or after twenty-six (26) weeks from date of disability, whichever is later.

(3) Average weekly base pay is computed by averaging paid hours (maximum of forty (40) hours per week) each week during the last full calendar quarter the employee worked and multiplying that by the hourly rate of their base job. Weeks of unemployment in the prior quarter will not be counted in the calculation. If there were substantial weeks of unemployment, the prior full calendar quarter may be used for the calculation.

(4) The definition of disability, termination of eligibility, offsets, exclusions, limitations, claim procedures and any other related is-sues will be controlled by the Summary Plan Description.

(5) The long-term disability coverage will become effective on August 1, 2004 for eligible employees who become disabled after that date. However, pre-existing conditions will not affect the em-ployee’s eligibility for LTD.

(6) In those situations where a Teamster Health and Welfare Fund provides a short term disability benefit, the employee receiving such benefit shall provide the UPS National LTD Plan sixty (60) days advance notice of the estimated termination date of the short term disability. If such notice is not provided, the UPS National LTD Plan shall have the right to delay the commencement of LTD payments.

(7) Any employee receiving LTD benefits pursuant to this Plan shall be entitled to receive health care coverage in accordance with the SPD for up to twelve (12) months only.

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Article 34(8) Notwithstanding any Supplement, Rider or Addendum all full-time UPS CSI employees will be provided long term disability ben-efits through this Section.

(k) Part-time Retiree Coverage

(1) Effective August 1, 2002 the Employer began providing health insurance coverage to all part-time employees, not covered by a Union plan, who retire on or after that date. This section will not apply to any employee who retires on or after January 1, 2014. To the extent coverage would have been available under this section 1(k), the employee instead shall be eligible for retiree coverage through the Central States Health & Welfare Plan.

(2) To be eligible for the coverage, the part-time employee must (i) not be eligible for Medicare; (ii) meet the same age and service requirements as that of a full-time employee in the same Supple-ment, Rider or Addendum and at a minimum, be at least fifty-five (55) years of age with a minimum of twenty-five (25) years of part-time service as defined in the UPS Pension Plan; (iii) be covered as an active employee by a UPS-administered health care plan for part-time employees at the time of retirement and; (iv) not a part-time employee because of a voluntary bid to part-time status in the five (5) years prior to retirement.

(3) A retiree’s legal spouse is also eligible for coverage if he or she is not eligible for Medicare and is under age sixty-five (65).

(4) Coverage and benefit levels shall be as specified in the Summary Plan Description.

(5) Eligibility for coverage for retiree and spouse begins on the first (1st) day after the employee’s active coverage ends.

(6) For active retirees as of December 31, 2013, the contribution rates shall be as specified in the Summary Plan Description.

(l) Jointly Trusteed UPS/IBT Full-Time Pension Fund

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Article 34The following provisions pertain to the UPS/IBT Full-Time Em-ployee Pension Plan (hereinafter “UPS/IBT Plan”) was created for employees who participated in the Central States Southeast and Southwest Areas Pension Fund (“CS Plan”) and for future employ-ees who would have participated in the CS Plan absent this agree-ment who have one hour of service in Covered Employment on or after January 1, 2008.

(1) Effective January 1, 2008 the Employer and the Union estab-lished a new, single employer, jointly trusteed and administered de-fined benefit plan within the meaning of 29 U.S.C. Section 302 (c)(5) for full-time employees who under the prior agreement would have participated in the CS Plan. As of December 26, 2007, the Em-ployer will cease to have an obligation to contribute to the CS Plan and will have no other obligation to provide such employees with future benefit accruals under the CS Plan.

(2) The benefit formula for current or future full-time employees who are participants in the UPS/IBT Plan will be as set forth below for each year of future service (hours worked in Covered Employment on or after the effective date) up to a maximum of thirty-five (35) years of Credited Service (such limitation is only applicable to service pen-sions). This benefit is unreduced if payable at Normal Retirement Age (age 65) and 5 years of vesting service or at age 62 with 20 years of Credited Service. Benefit payments may begin as early as Early Retire-ment Age (age 50 with five years of vesting service) and are reduced 6% per year for each year and partial year prior to Normal Retirement Age. There shall be no reduction or change in the level of benefits de-scribed herein unless negotiated and agreed to by the Union.

Calendar Year Beginning Monthly BenefitJanuary 1, 2019 $175.00January 1, 2020 $175.00January 1, 2021 $175.00January 1, 2022 $175.00January 1, 2023 $175.00

(3) Eligible employees become participants on the first day of the month coincident with or immediately following the date the em-ployee completes one year of service with 750 hours of service

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Article 34(upon becoming a participant, service credit will accrue beginning with the very first hour of service that had been performed when the participant began working in Covered Employment). Employees already participants in the CS Plan at the date this plan is established will be immediately eligible to participate in the UPS/IBT Plan. No benefits are payable unless the participant has at least 5 years of vesting credit or has reached Normal Retirement Age while an em-ployee. One year of vesting credit is earned for each calendar year in which the participant works 750 or more hours. The Employer will grant vesting credit for those employees employed by the Employer before the effective date of the UPS/IBT Plan based on the employ-ment records of the Employer or records of the CS Plan.

(4) Full-time employees will receive one (1) year of Credited Ser-vice for each 1801 paid hours in Covered Employment in a calen-dar year beginning on or after January 1, 2008. Employees will re-ceive partial years of Credited Service in monthly increments (i.e., one month if employee worked 150 or more hours in Covered Em-ployment in that month). For purposes of earning service credit for the service pensions only, full-time employees will receive one week of service credit if he has one hour of service in Covered Employment. For service pensions only, if an employee has 0-19 weeks of service credit, he shall not receive any service credit for that calendar year. If he has 20-39 weeks of service credit, the amount of credit for that year will be equal to a fraction the numer-ator of which is the number of weeks of credit and the denominator is 40. If the employee has 40 weeks of service credit for that calen-dar year, he shall receive one year of service credit.

(5) The Employer will be responsible for funding the UPS/IBT Plan as required by applicable law.

(6) In addition to the normal benefit provided in paragraph (2) above, there shall be a service benefit payable after twenty (20), twenty-five (25), thirty (30) and thirty-five (35) years of full-time service. There is a twenty (20) year benefit for anyone who has reached age 50 and the amount will vary based on the person’s age. There is a twenty-five (25) year service retirement benefit for anyone who has twenty-five years of service regardless of

The following provisions pertain to the UPS/IBT Full-Time Em-ployee Pension Plan (hereinafter “UPS/IBT Plan”) was created for employees who participated in the Central States Southeast and Southwest Areas Pension Fund (“CS Plan”) and for future employ-ees who would have participated in the CS Plan absent this agree-ment who have one hour of service in Covered Employment on or after January 1, 2008.

(1) Effective January 1, 2008 the Employer and the Union estab-lished a new, single employer, jointly trusteed and administered de-fined benefit plan within the meaning of 29 U.S.C. Section 302 (c)(5) for full-time employees who under the prior agreement would have participated in the CS Plan. As of December 26, 2007, the Em-ployer will cease to have an obligation to contribute to the CS Plan and will have no other obligation to provide such employees with future benefit accruals under the CS Plan.

(2) The benefit formula for current or future full-time employees who are participants in the UPS/IBT Plan will be as set forth below for each year of future service (hours worked in Covered Employment on or after the effective date) up to a maximum of thirty-five (35) years of Credited Service (such limitation is only applicable to service pen-sions). This benefit is unreduced if payable at Normal Retirement Age (age 65) and 5 years of vesting service or at age 62 with 20 years of Credited Service. Benefit payments may begin as early as Early Retire-ment Age (age 50 with five years of vesting service) and are reduced 6% per year for each year and partial year prior to Normal Retirement Age. There shall be no reduction or change in the level of benefits de-scribed herein unless negotiated and agreed to by the Union.

Calendar Year Beginning Monthly BenefitJanuary 1, 2019 $175.00January 1, 2020 $175.00January 1, 2021 $175.00January 1, 2022 $175.00January 1, 2023 $175.00

(3) Eligible employees become participants on the first day of the month coincident with or immediately following the date the em-ployee completes one year of service with 750 hours of service

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Article 34age, which shall be $2,000 per month if less than age 57 when benefits commence and $2,500 per month if at least 57 when ben-efits commence. The benefit for the thirty (30) year service retire-ment shall be $3,400 per month regardless of the age of the retir-ing employee. The benefit for thirty-five (35) years service retirement shall be $3,900 per month regardless of the age of the retiring employee. The plan document shall specify the amounts for the 20 year service pension, eligibility criteria and how the benefits are calculated.

Years of Service Age Monthly Service PensionPension Credit 35 years Any age $3,90030 or more years Any age $3,400 plus $100/yr of service

for years over 30 up to $3,90025 years Any Age $2,000 up to age 57 25 Years 57 or older $2,500 plus $100/yr of service

for years over 25 up to $3,500 maximum.

Effective January 1, 2020, the following enhancements will be im-plemented:

35 years, any age—$4,300

30 or more years, any age—$3,800 plus $100/yr of service for years over 30 up to $4,300

The UPS/IBT Plan will recognize full-time service in the CS Plan for determining eligibility for the benefits in this section and will offset at Normal Retirement Age the benefits accrued from the CS Plan commencing at Normal Retirement Age. If the benefit paid from the CS Plan is reduced as permitted or required by law, the amount of such reduction shall not be included in this offset.

(7) The UPS/IBT Plan will also provide eligible employees with a monthly disability benefit or lump sum disability benefit (based on age and years of service).

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Article 34(8) The UPS/IBT Plan will be governed by the terms of the plan document and trust agreement, both of which are incorporated herein by reference. Any claims for benefits are subject to resolu-tion solely through the UPS/IBT Plan administrative claims process.

Section 2. TeamCare (a) Part-time and full-time employees covered by a Teamster Health and Welfare Fund will continue to be covered by those funds.

(b) Notwithstanding any provision in any Supplement, Rider or Addendum, effective January 1, 2014 all full-time and part-time employees on the payroll at that time and those hired thereafter who would have had health and welfare coverage provided by an Employer signatory to this Agreement will instead be provided coverage through TeamCare regardless of the employee’s work location. Weekly payments for the covered employees shall be in accordance with the rules set forth in the applicable Supplement, Rider or Addendum. If there are none then the rules set forth in the Central States Supplement shall apply. UPS will be responsible for making the weekly payments to TeamCare to provide the med-ical coverage.

(c) This Section shall supersede any provisions on the same sub-ject in any Supplement, Rider, or Addendum, including those Sup-plemental provisions which require part-time benefits to be equal to or the same as full-time medical benefits.

(d) Notwithstanding any contrary provision in any Supplement, Rider, or Addendum, (i) individual and dependent/spousal health coverage will be made available to part-time employees on the pay-roll as of or hired after August 1, 2018 after nine (9) months of ac-tive employment.

(e) Any eligible employee covered by this Section who retires ef-fective January 1, 2014 or thereafter shall be provided retiree med-ical benefits through TeamCare.

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Article 34Section 3. CSI Health and Pension Coverage(i) Any full-time or part-time CSI employee who is a participant in a Company sponsored health & welfare plan shall be covered by TeamCare set forth in Section 2 above, effective January 1, 2014.

(ii) The UPS Pension Plan shall be modified to provide a one hun-dred and ten dollar ($110.00) accrual effective January 1, 2019 for all years accrued under the UPS Pension Plan.

Section 4. Re-allocations of Contributions/WagesThe Teamsters UPS National Negotiating Committee may re-allo-cate designated increases in Health & Welfare and /or pension con-tributions (HWPC) and/or general wage increases (GWI) provided in this Agreement in accordance with the following rules:

1. Any portion of any GWI may be re-allocated as an increased contribution to a Teamster Pension or Health &Welfare Fund. The re-allocation shall apply to all employees in a Supplement, Rider or Addendum, as applicable, provided all of the affected employees (full or part-time, if applicable) are covered by the same Pension or Health & Welfare Fund.

2. Twenty-five cents ($0.25) of a PC may be re-allocated as a GWI. The re-allocation shall apply to all employees in a Supplement, Rider or Addendum, as applicable, provided all of the affected em-ployees (full or part-time, if applicable) are covered by the same Pension or Health & Welfare Fund.

3. Once a re-allocation becomes effective, it may not be changed.

4. A specified HWPC cannot be re-allocated to a GWI if the pen-sion fund has been certified as being in endangered or critical status (as defined in ERISA section 305 (b)(1) or (b)(2).

5. The Employer must be notified of any re-allocation, in writing, at least thirty (30) days prior to the effective date of the GWI or HWPC.

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Article 34Section 5. Substitute Health PlanIn the event the Central States Southeast and Southwest Areas Health and Welfare Fund does not maintain the benefit coverage and retiree contribution rate for retiree insurance (including spousal coverage) in effect on the date of ratification of this Agreement, the Union and Employer shall meet to determine and agree if there is a substitute multiemployer plan which will provide comparable cov-erage. If mutual agreement is reached to provide a substitute plan, the contribution payable by the Employer pursuant to Article 34 Section 1 (a) shall be paid to the new plan.

ARTICLE 35. EMPLOYEEʼS BAIL, LICENSE, SUBSTANCE AND ALCOHOL TESTING

Section 1. Employeeʼs Bail And/Or Court Appearance

When an employee is required to appear in any court for the purpose of testifying because of any accident the employee may have been involved in during working hours, such employee shall be reim-bursed in full by the Employer for all earnings opportunity lost be-cause of such appearance. The Employer shall furnish employees who are involved in accidents during working hours with bail bond and legal counsel and shall pay in full for same. Employees shall be compensated for time spent in jail at his/her regular rate of pay. Said bail bond and legal counsel shall remain assigned to the employee until all legal action in connection with said accident is concluded, provided the employee is not charged and convicted of criminal negligence. This Section shall not apply to employees who are found guilty of drunken driving when involved in an accident during working hours. The Employer shall assume all responsibility for all court costs, legal fees, and bail bond fees for any employee who is involved in any accident or accidents during working hours and shall assume all responsibility for all judgments and awards against any employee who is involved in accidents during working hours, which result through court action against said employee, except as provided above. In case an employee shall be subpoenaed as a wit-ness in a company-related case, or as a result of his/her on duty ob-

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Article 35servations of an accident not involving a UPS vehicle, he/she shall be reimbursed for all time lost and expenses incurred.

Section 2. Suspension or Revocation of License

In the event an employee shall suffer a suspension or revocation of the right to drive the Employer’s equipment for any reason, the employee must notify the Employer before their next report to work. Failure to comply will subject the employee to disciplinary action up to and including discharge in accordance with the proce-dures set forth in the appropriate Supplement, Rider and Adden-dum. (See also Article 16, Leave of Absence, Section 3.1.)

If such suspension or revocation comes as a result of the employee complying with the Employer’s instruction, which results in a suc-cession of size and weight penalties or because the employee com-plies with the Employer’s instructions to drive Employer’s equip-ment which is in violation of the Department of Transportation regulations relating to equipment or because the Employer’s equip-ment did not have either a speedometer or a tachometer in proper working order and if the employee has notified the Employer of the citation for such violation as above mentioned, the Employer shall provide employment to such employee at not less than the employ-ee’s regular earnings at the time of such suspension for the entire time period.

Section 3. Controlled Substances Testing

The parties have agreed that the procedures as set forth in Article 35, Section 3 shall be the methodology for all testing and will be modified only in the event that further federal legislation or Depart-ment of Transportation regulations require revised testing method-ologies or requirements during the term of this Agreement. To the extent that a subject is not covered by this Article the appropriate regulation shall control.

Should other categories, modifications or types of testing be re-quired by the government, the parties will meet as expeditiously as possible to develop a mutually agreeable procedure.

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Article 35The provisions of Article 16, Section 5 will apply to all employees requesting enrollment in a rehabilitation program following a positive drug test. Employees may use the United Parcel Service Employee Assistance Program, a Union sponsored program, as well as any other referral service in choosing an approved program for treatment.

Section 3.1 Employees Who Must Be TestedUPS employees subject to Department of Transportation mandated drug testing are drivers of vehicles with a vehicle weight rating over 26,000 pounds, requiring a commercial driver license (CDL). This includes mechanics and employees who relieve for vacations or other temporary vacancies. Any employee who drives a trac-tor-trailer and is on the qualified feeder driver list is also subject to DOT mandated testing as provided in this Agreement.

In addition to testing mandated employees, controlled substance test-ing will be part of pre-qualification conditions for feeder driver em-ployment, and those persons transferring to a feeder driver position. Individuals who are on a “bid list” for tractor-trailer employment or other similar classification type jobs are subject to being tested for controlled substances before being accepted into such a position.

Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated drug testing are only subject to reasonable cause testing as provided herein. The substances for which testing shall be conducted, and cut-off levels thereto, shall be consistent with those listed for the DOT-covered employees. This provision also applies to testing conducted pursuant to rehabilita-tion and after care programs.

Section 3.2 TestingBecause of the consequences that a positive test result has on an em-ployee, UPS will employ a very accurate, two-stage testing program. Urine samples will be analyzed by a highly qualified independent laboratory which is certified by the Department of Health and Human Services (HHS). All samples will be tested according to DOT drug testing requirements. Validity testing for the presence of adulterants shall be conducted on all specimens, per HHS requirements.

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Article 35Section 3.3 Screening TestThe initial test uses an immunoassay to determine levels of drugs or drug metabolites. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five (5) drugs or drug classes.

Substance Initial Test Level (ng/mL)(1)Marijuana Metabolites (2) 50(3)Cocaine Metabolites 150(3)Codeine/Morphine 2000Hydrocodone/Hydromorphone 300Oxycodone/ Oxymorphone 1006-Acetylmorphine 10Phencyclidine 25Amphetamines/Methamphetamine 500MDMA/MDA 500

These substances and test levels are subject to change by the De-partment of Transportation as advances in technology or other con-siderations warrant.

Section 3.4 Confirmatory TestAll specimens identified as positive on the initial test shall be con-firmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff values listed. The following cutoff levels shall be used to confirm the presence of drugs or drug metabolites:

Substance Confirmatory Test

Level (ng/mL)Marijuana Metabolites (2) 15 Cocaine Metabolites 100 Codeine/Morphine 2000Hydrocodone/Hydromorphone 100Oxycodone/Oxymorphone 1006-Acetylmorphine 10Phencyclidine 25Amphetamine/ Methamphetamine (4) 250MDMA(4)/MDA (5) 250

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Article 35(1) For grouped analytes (i.e. two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be eighty percent (80%) or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the labora-tory’s validated limit of quantification) must be equal to or greater than the initial test cutoff.

(2) An immunoassay must be calibrated with the target analyte, A-9-tetrahydrocannabino 1-9-carboxylic acid (THCA).

(3) Alternate technology (THCA and Benzoylecgonine): When us-ing an alternate technology initial test for the specific target ana-lytes of THCA and Benzoylecgonine, the laboratory must use the same cutoff for the initial and confirmatory tests (i.e., 15ng/mL for THCA and 100ng/mL for Benzoylecgonine).

(4) Methylenedioxymethamohetamine (MDMA).

(5) Methylenedioxyamphetamine (MDA).

In the event the initial drug test indicates a positive response the confirmatory test must be done.

On an initial drug test, the laboratory must report a result below the cutoff concentration as negative. If the result is at or above the cutoff concentration, the laboratory must conduct a confirmation test.

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Article 35On a confirmation drug test, the laboratory must report a result be-low the cutoff concentration as negative and a result at or above the cutoff concentration as confirmed positive.

These substances and test levels are subject to change by the De-partment of Transportation as advances in technology or other con-siderations warrant.

Section 3.5 Laboratory TestingAll laboratories selected by UPS for analyzing Controlled Sub-stances Testing will be HHS certified.

Section 3.6 Types of Testing RequiredTesting procedures will be performed as part of pre-qualified prac-tices, after defined DOT reportable accidents, on the basis of rea-sonable cause, upon return to duty after a positive test, under DOT mandated random testing and as follow-up testing for post drug rehabilitation as outlined under Article 16, Section 5.

Section 3.7 Pre-Qualification TestingControlled substance testing will be part of UPS’s regulated pre-qualification conditions for feeder driver positions.

Drivers will be advised in writing prior to the application process that pre-qualification testing will be conducted to determine the presence of controlled substances. Applicants will be required to acknowledge in writing an understanding of this request before they receive an application.

Section 3.8 Reasonable Cause TestingUpon reasonable cause, UPS will require an employee to be tested for the use of controlled substances.

Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicate the need for a fit-ness-for-duty medical evaluation.

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Article 35The employee’s conduct must be witnessed by at least two (2) su-pervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evaluation is required. When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 4 of the National Master UPS Agreement as interpreted. If no steward is present, the employee may select another hourly paid employee to represent him.

Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner.

Note: (Reasonable Cause)

At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance con-firmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter, offered an opportunity for rehabilitation as set forth in this Article, and the employee will be required to otherwise satisfy the requirements im-posed by the DOT regulations. However, if there is a second occa-sion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge.

Non-DOT—Reasonable Cause:

In the event an employee (not covered by DOT) is tested pursuant to the discipline Article in the Supplemental Rider or Addenda to the National Master UPS Agreement, such test will be performed under the same procedures and requirements as those set forth in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.

Section 3.9 Post-Accident Drug TestingDOT mandated drivers will be required to submit to a drug test af-ter a DOT defined serious accident, which is one in which:

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Article 351. There is a fatality, or;

2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;

3. A citation is issued and one (1) or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

Non-DOT mandated drivers may be required to submit to drug test-ing if there is any reasonable suspicion of drug usage or reasonable cause to believe that a driver has been operating a vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.

Drivers are required to submit to such testing as soon as possible, but in all events within thirty-two (32) hours. Union representation will be made available pursuant to Article 4 of the National Master UPS Agreement, as interpreted.

It is not the intention of this language to prohibit the driver from leaving the scene of an accident for the period of time necessary to obtain assistance in responding to the accident or to receive neces-sary medical attention.

The result of a urine test for the use of controlled substances, con-ducted by federal, state, or local officials having independent au-thority for the test, shall be considered to meet the requirements of post-accident testing, provided such tests conform to applicable federal, state or local requirements, and that the results of the tests are obtained by the Employer.

Section 3.10 Random TestingRandom Employee Selection:

The procedure used to randomly select employees for drug testing, in compliance with the U.S. Department of Transportation Regula-

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Article 35tions, will be a computer program specifically intended for such an application.

The program will utilize an internal computer clock procedure to randomly generate lists of employees mandated for testing by the Department of Transportation/Federal Highway Administration. The computer shall randomly select the required number of em-ployees from the total pool of affected employees. The total pool list shall be by each region.

For verification purposes and to cover absences the computer shall print the following lists for each testing period:

1. An alphabetical total pool list of employees in the region, and

2. A district list of employees shall be printed from the random list in the order in which they are computer selected.

An absent employee whose name appears on the primary list on the random test day must be tested upon return to work immediately upon notification provided he/she returns prior to the next selection period. The lists or true copies of the lists shall be maintained by a third party administrator. Upon request to the District Labor Relations Manager, the lists will be made available for review by Local Union representa-tives and company labor relations managers to verify the proper appli-cation and use of the lists in the random testing system.

The parties agree that no effort will be made to cause the system and method of selection to be anything but a true random selection pro-cedure insuring that all affected employees are treated fairly and equally.

The parties further agree not to amend or change the current meth-od of random selection as described herein without prior agreement between the parties.

Section 3.11 NotificationUPS employees, subject to Department of Transportation mandated random drug testing, will be notified of testing in person or by di-

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Article 35rect phone contact. Notification shall be given by the management person responsible for such notification.

Section 3.12 Rehabilitation and Testing After Return To Duty/SAP and Employer DutiesA positive test specimen as a result of a DOT pre-qualification or random test will result in a rehabilitation opportunity. An employee whose test results are reported to the Medical Review Officer by the HHS certified laboratory and who has been contacted by the Medi-cal Review Officer or his/her designee has seventy two (72) hours to contact the Medical Review Officer to review the test results. If the review time schedule is not met, then the Medical Review Offi-cer (MRO) may report to UPS Management that the test is verified as positive. If neither UPS nor the MRO, after making all reason-able efforts, as required by the DOT regulations, is able to contact the employee within ten (10) days from receiving the laboratory results, the test will be considered an uncontested positive test re-sult. If the Medical Review Officer determines a specimen is posi-tive, then the employee will have five (5) calendar days to evaluate his/her situation with an approved Substance Abuse Professional and then up to fifteen (15) calendar days to enter the rehabilitation treatment center after approval of a leave of absence as outlined in Article 16, Section 5 of the National Master UPS Agreement. UPS will follow the final recommendations of the Substance Abuse Pro-fessional as to the appropriate after-care protocol and post rehabil-itation unannounced drug testing.

The employee will be permitted to return to work after the SAP has determined that the employee has successfully complied with pre-scribed education and/or treatment and the employee has provided a negative drug test result conducted under direct observation, as per cutoff levels contained in Section 3.3 or Section 3.4 of this Article, as applicable, and/or an alcohol test with an alcohol concentration less than 0.02. The Employer will make all reasonable efforts to conduct all return-to-work testing, conference calls, and examinations within five (5) working days of completion of a rehabilitation program.

It is understood that if the grievance procedure is utilized contrac-tual time limits on disciplinary action and the employee’s request

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Article 35for rehabilitation will be suspended until resolution of the griev-ance.

Substance Abuse Professional (SAP)Each Substance Abuse Professional (SAP) must be a licensed Doc-tor of Medicine or Osteopathy, or a licensed or certified psycholo-gist, social worker, employee assistance professional, or drug and alcohol counselor (certified by the National Association of Alco-holism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders and be knowledgeable of the SAP function as it relates to Employer interest in safety-sensitive functions and applicable DOT agency regulations. In addition, the SAP shall keep current on applicable DOT agency regulations and. comply with the DOT qualification training and continuing education requirements.

The SAP is responsible for performing the following functions:

1. Conducting the initial face-to-face clinical assessment and eval-uation to determine what assistance is needed by the employee to solve problems associated with alcohol and/or drug use;

2. Referring the employee to an appropriate education and/or treat-ment program;

3. Conducting a face-to-face follow-up evaluation to determine if the employee has actively participated in the education and/or treat-ment program and has demonstrated successful compliance with the initial assessment and evaluation recommendations;

4. Providing the Employer with a follow-up drug and/or alcohol testing plan for the employee; and

5. Providing the employee and Employer with recommendations for continuing education and/or treatment.

Follow-up testing shall consist of at least six (6) tests in the first (1st) twelve (12) months following the employee’s return to duty.

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Article 35The one (1) year period may be extended as necessary by written verification of the Substance Abuse Professional. Tests shall be conducted under direct observation.

Employer ResponsibilitiesPrior to allowing an employee to return to duty, after the employee has tested positive for the presence of controlled substances or has refused to submit to a drug test, the employer shall:

A. Ensure that the employee is “drug free,” based on a drug test that shows no positive evidence of the presence of a drug or a drug metabolite in the employee’s system.

B. Ensure that the employee has been evaluated by a Substance Abuse Professional (SAP) for drug use or abuse.

C. Ensure and confirm with the Substance Abuse Professional that the employee demonstrates compliance with all conditions or re-quirements of a rehabilitation program in which he or she partici-pated.

Section 3.13 Disciplinary ActionEmployees may be subject to discipline up to and including dis-charge as provided below if they test positive for drugs specified elsewhere in this Article.

1. Reasonable Cause Testing

a. A positive test is a dischargeable offense unless the Union and the Employer expressly agree to a lesser penalty. Any such agree-ment will not be precedent setting.

b. Refusal to submit to a reasonable cause drug test is a discharge-able offense.

2. Post-Accident Testing

a. A positive test is a dischargeable offense.

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Article 35b. Refusal to submit to a post-accident drug test is a dischargeable offense.

3. Random Testing

a. 1st offense—A positive test shall result in a warning letter (sub-ject to successful completion of rehabilitation).

b. 2nd offense—A positive test is a dischargeable offense.

c. Refusal to submit to a random drug test is a dischargeable of-fense.

4. Pre-qualification

a. 1st offense—A positive test shall result in disqualification/not considered for feeder list until the next feeder driver school is con-ducted (subject to successful completion of rehabilitation).

b. 2nd offense—A positive test is a dischargeable offense.

5. Other Dischargeable Offenses:

a. Failure to successfully complete rehabilitation.

b. A positive specimen as part of after-care drug testing. c. Failure to comply with after-care treatment plan.

d. An adulterated or substituted specimen.

Section 3.14 Preparation for TestingPursuant to Department of Transportation regulations, the Employ-er reserves the right to utilize on site or off site collection facilities.

Upon arrival at the collection site, an employee must provide the collection agent with:

Photo identification issued by the Employer or a federal, state or local government;

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Article 35If the employee arrives without the above-listed item, the collection agent should contact the district Safety and Health manager or dis-trict Human Resources manager.

A standard DOT approved urine custody and control form will be supplied by the appropriate laboratory. This form must be used by all collection facilities and signed by the employee and the collec-tion agent in the appropriate areas.

Section 3.15 Specimen Collection ProceduresThe Employer agrees to continue use of the Specimen Collection Checklist. The checklist, approved by the National UPS/IBT Safety and Health Committee, is to be used with the affected employees at the collection site by the person performing the collection services for the Employer.

The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee’s recourse to the collective bargaining agreement and/or the grievance procedure.

All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual’s privacy. An em-ployee who gives reason to believe that he or she may have adulter-ated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent. If it is determined that an employee has adulterated or substituted a sam-ple it shall result in the termination of his/her employment.

No unauthorized personnel will be allowed in any area of the col-lection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person.

The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any person-al belongings (purse or briefcase) with the collection agent. The employee shall display the items in his/her pockets to the collection

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Article 35agent. If the employee requests it, the collection agent shall provide the employee a receipt for his or her belongings. The employee may retain his or her wallet.

After washing his/her hands, the employee shall remain in the pres-ence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen.

The collection agent provides the employee with a new, sealed kit selected by the employee.

The employee will provide his or her specimen in a stall or other-wise partitioned area that allows for privacy. The Employer agrees to recognize all employees’ rights to privacy while being subjected to the collection process at all times and at all collection sites. Fur-ther, the Employer agrees that in all circumstances the employee’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employee unnecessarily. Authorization for collection un-der direct observation will be in accordance with Department of Transportation regulations. All procedures shall be conducted in a professional, discreet and objective manner. Refusal to provide a specimen under direct observation when requested shall be consid-ered a refusal to test and a terminable offense.

The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the collection container. The employee shall hand the specimen to the collection agent. The specimen shall re-main in the sight of both the collection agent and the employee at all times. A minimum of thirty (30) milliliters of urine shall be placed in the primary specimen container by the collection agent. The collection agent then must pour at least fifteen (15) milliliters of urine from the collection container into the second specimen bottle to be used for the split specimen. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces distributed reasonably over a period not to exceed three (3) hours or until a sufficient specimen is provided, whichever occurs

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Article 35first. (The original specimen, if any, should be discarded, unless it was out of temperature range or showed evidence of adulteration or tampering.) If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted within five (5) business days by a licensed physician who has the expertise in this type of med-ical issue, and is approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collec-tion agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee.

The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which includes, but is not limited to, conduct clearly and unequivocally indicating an at-tempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All speci-mens suspected of being adulterated shall be packaged and for-warded to the laboratory for testing.

In the event of suspected specimen adulteration, a second (2nd) specimen will be immediately collected under direct observation and the entire procedure should be repeated including initiation of a new custody and control form and separate packaging for ship-ping. If an employee refuses to provide a second (2nd) specimen, it shall be noted as a refusal to test and shall be a terminable of-fense.

The collection agent shall document any unusual behavior or ap-pearance on the urine custody-and-control form.

Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody proce-dures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing.

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Article 35When a return-to-duty or follow-up test is being conducted, the col-lection process may be observed. If observed, the observer shall be the same gender as the employee being tested.

When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage.

If an employee is told that the first (1st) sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second urine specimen be forwarded by the first (1st) laboratory to another independent and unrelated HHS approved laboratory of the parties’ choice for GC/MS confirmato-ry testing of the presence of the drug. If an employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. If the second (2nd) test is positive, and the em-ployee wishes to use the rehabilitation option, the employee shall reimburse the Employer for the costs of the second (2nd) confir-mation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second (2nd) specimen tested, disciplinary action can only take place after the MRO verifies the first test as positive and the sec-ond laboratory confirms the presence of the drug. However, the employee must be taken out of service once the first (1st) test re-sult is verified as positive by the MRO while the second test is being performed. If the second (2nd) laboratory report is negative, the employee will not be charged for the cost of the second (2nd) test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second (2nd) specimen to be test-ed, contractual time limits on disciplinary action in the Supple-ments are waived.

Section 3.16 Specimen Shipping Preparations

After measuring temperature and visibly inspecting the urine spec-imen, the collection agent should tighten and seal the specimen shipping container.

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Article 35The collection agent places a security label (initialed and dated by the employee) over the bottle cap, overlapping the bottle sides.

A double-pouch bag will be used for shipping, with one (1) side for the urine specimen and the other for paperwork.

The collection agent places the urine specimen in the sealable pocket of the specimen bag and then seals the bag.

The collection agent places laboratory copies of the urine custody and control form in the back sleeve of the double-pouch bag.

The collection agent places the sealed specimen bag in the shipping box.

Section 3.17 Medical Review OfficerAny person serving as a Medical Review Officer (MRO) for the Company must be a licensed doctor of medicine or osteopathy with knowledge of substance abuse disorders, issues relating to adulter-ated and substituted specimens, possible medical causes of speci-mens having an invalid result, and applicable DOT agency regula-tions. In addition, the MRO shall keep current on applicable DOT agency regulations and comply with the DOT qualification training and continuing education requirements.

The MRO is responsible for performing the following functions, in addition to those specified in the DOT regulations:

1. Reviewing the results of UPS’s drug testing program.

2. Receiving all positive and negative drug test reports as pre-scribed under the DOT regulations, and making all reports of drug test results to the Employer.

3. Within a reasonable time, notifying an employee of a confirmed positive test result.

4. Reviewing and interpreting each confirmed positive test result in order to determine if there is an alternative medical explanation

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Article 35for the specimen’s testing positive. The MRO shall perform the fol-lowing functions as part of the review of a confirmed positive test result:

a. Provide an opportunity for the employee to discuss a positive test result.

b. Review the employee’s medical history and relevant biomedical factors. A driver is allowed to use a controlled substance (except for methadone) only when taken as prescribed by a licensed medical practitioner who is familiar with the driver’s medical history and assigned duties.

c. Review all medical records made available by the employee to determine if a confirmed positive test resulted from legally pre-scribed medication or other possible explanation.

d. Verify that the laboratory report and assessment are correct.

5. Processing an employee’s request to test the split sample. Such testing will be conducted at the employee’s expense. The employee shall be reimbursed by UPS for any such expense should the retest provide a negative result. If a reanalysis is negative, then the MRO will declare the test canceled.

Section 3.18 MRO DeterminationIf the MRO determines, after appropriate review, that there is a le-gitimate medical explanation for the confirmed positive test result, the MRO shall report the test to the Employer as a negative. If the MRO determines, after appropriate review, that there is no legiti-mate medical explanation for the confirmed positive test result, the MRO shall report the positive test result to the appropriate member of management in accordance with DOT regulations.

Based on a review of laboratory reports, quality assurance and quality control data and other drug test results, the MRO may con-clude that a particular confirmed positive drug test result should be cancelled. Under these circumstances, the MRO shall report that the test is cancelled.

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Article 35Not later than seventy-two (72) hours after notification of a con-firmed positive test result or refusal to test because of adulteration or substitution, an employee may submit a written or verbal request to the MRO for testing of the split sample. The laboratory used must be certified by the HHS and must follow usual chain-of-cus-tody procedures.

The employee shall be reimbursed for any pay lost if taken out of service based upon a positive test result which is negated by the second (2nd) test or as the result of the resolution of the grievance.

Section 3.19 Record Retention

The medical review officer is the sole custodian of the individual test results. The MRO shall retain reports of individual positive test results for a minimum of five (5) years. Individual negative test results will be maintained for at least twelve (12) months. UPS shall maintain in a driver’s qualification file only such information as required by the DOT to document compliance with the drug test-ing requirements.

Section 3.20 Release of Drug Testing Information

The MRO shall inform the employee before beginning the verifi-cation interview, that the MRO could transmit to appropriate par-ties information concerning medications being used by the em-ployee or the employee’s medical condition only if, in the MRO’s medical judgment, the information indicated that the employee may be medically unqualified under applicable DOT agency rules.

When a grievance is filed as a result of a positive test the Employer shall obtain from the laboratory its records relating to the drug test. Upon receiving the records, the Employer shall provide copies to the appropriate official of the Union, by the end of the following business day after receiving the documents from the laboratory or the MRO, as applicable, provided that the employee has executed written consent authorizing release to the Union, a copy of which must be provided to the Employer.

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Article 35The Company agrees to notify the Union of any change of HHS approved laboratories used for drug testing, for whatever reason.

Section 3.21 Paid For TimeTesting—Except for drug tests taken in conjunction with a DOT physical, the employee will be paid their regular straight time hour-ly rate of pay in the following manner:

1. For all time at the collection site.

2. (a) If the collection site is reasonably en route between the em-ployee’s home and the center, and the employee is going to or from work, pay for travel time one (1) way between the center and the collection site or the collection site to the center; or

(b) For travel time both ways between the center and the collection site, only if the collection site is not reasonably en route between the employee’s home and the employee’s center.

3. If an employee is called at home to take a random drug test at a time when the driver is not en route to or from work, the employee shall be paid in addition to all time at the collection site, travel time both ways between the employee’s home and the collection site with no minimum guarantee.

When an employee is on the clock and a random drug test is taken any time during the employee’s shift, and the shift ends after eight (8) hours, the employee shall be paid time and one-half (1-1/2) for all time past the eight (8) hours.

Provisions in Supplements, Riders and Addenda that are superior shall prevail.

Section 4. Alcohol TestingThe parties have agreed that the procedures as set forth in Article 35, Section 4 shall be the methodology for testing and will be modified only in the event that further federal legislation or De-partment of Transportation regulations required by regulation, re-

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Article 35vise testing methodologies or requirements during the term of this Agreement.

Where such regulations allow revised testing methodologies such modifications shall be subject to mutual agreement by the parties.

Section 4.1 Employees Who Must Be TestedUPS employees subject to Department of Transportation mandated alcohol testing are drivers of vehicles with a vehicle weight rating over 26,000 pounds, requiring a Commercial Drivers License (CDL). This includes mechanics and employees who relieve for vacations or other temporary vacancies. Any employee who drives a tractor-trailer and is on the qualified feeder driver list is also sub-ject to DOT mandated testing as provided in this Agreement.

Section 4.2 TestingBecause of the consequences that a positive test result has on an employee, UPS will employ a very accurate, two-stage testing pro-gram. Breath samples will be collected by a Breath Alcohol Tech-nician (BAT), who has been trained in the use of the Evidential Breath Testing (EBT) device, in a course equivalent to the DOT’s model course. All samples will be tested according to DOT alcohol testing requirements. In the event that breath testing is not possible in such cases as reasonable cause, or post-accident, the Employer has the right to use alternative DOT approved methods.

Section 4.3 Screening TestThe initial screening test uses an Evidential Breath Testing (EBT) device to determine levels of alcohol. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for alcohol. The EBT must also be capa-ble of distinguishing alcohol from acetone at the 0.02 concentra-tion level, test an air blank, and perform an external calibration check.

Breath Alcohol Levels: Less than 0.02 – Negative 0.02 and above—Positive (Requires Confirmation Test)

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Article 35Section 4.4 Confirmatory TestAll specimens identified as positive on the initial screening test, showing an alcohol concentration of 0.02 or higher, shall be con-firmed using an EBT that is capable of providing a printed result in triplicate; is capable of assigning a unique and sequential number to each test; and is capable of printing out, on each copy of the printed test result, the manufacturer’s name for the device, the device’s se-rial number, and the time of the test.

A confirmation test must be performed not sooner than fifteen (15) minutes after the screening test, but not more than thirty (30) min-utes after the screening test.

The following cutoff levels shall be used to confirm the presence of alcohol:

Breath Alcohol Levels: Less than 0.02 – Negative 0.02 to 0.039—Positive/Out of service for twenty-four (24) hours from time of the test 0.04 and above—Positive/Out of service and referred to Sub-stance Abuse Professional (SAP).

Section 4.5 Types of Testing RequiredTesting procedures will be performed as part of pre-qualified prac-tices, after defined DOT reportable accidents, on the basis of rea-sonable cause, upon return to duty after a positive test, under DOT mandated random testing and as follow-up testing for post alcohol rehabilitation as outlined under Article 16, Section 5.

Section 4.6 Reasonable Cause TestingUpon reasonable cause, UPS will require an employee to be tested for the use of alcohol.

Reasonable cause is defined as an employee’s observable action, appearance or conduct that clearly indicates the need for a fit-ness-for-duty medical evaluation.

The employee’s conduct must be witnessed by at least two (2) su-pervisors, if available. The witnesses must have received training in

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Article 35observing a person’s behavior to determine if a medical evaluation is required. When the supervisor confronts an employee, a union representative should be made available pursuant to Article 4 of the National Master UPS Agreement as interpreted. If no steward is present, the employee may select another hourly paid employee to represent him.

Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the ob-served behavior. In addition, a copy will be sent to the Local Union in a timely manner.

Non-DOT Reasonable Cause Testing

Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated alcohol testing are only subject to reasonable cause testing as provided herein, in accordance with supplemental practices.

Section 4.7 Post-Accident Alcohol TestingDOT mandated drivers will be required to submit to an alcohol test after a DOT defined serious accident, which is one in which:

1. There is a fatality, or;

2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;

3. A citation is issued and one (1) or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

Non-DOT mandated drivers may be required to submit to alcohol testing if there is any reasonable suspicion of alcohol usage or rea-sonable cause to believe that a driver has been operating a vehicle while under the influence of alcohol, or reasonable cause to believe the driver was at fault in the accident and alcohol usage may have been a factor.

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Article 35Alcohol testing will be required after accidents under the above conditions and drivers are required to submit to such testing within two (2) hours of the accident, if possible, and within eight (8) hours at the latest.

Drivers are required to submit to such testing as soon as possible within two (2) hours. Under no circumstances shall this type of testing be conducted more than eight (8) hours after the time of the accident.

It shall be the responsibility of the driver to remain readily avail-able for testing after the occurrence of a commercial motor vehicle accident. It is also the responsibility of the driver to not use alcohol for eight (8) hours or until an alcohol test is performed under this section, whichever occurs first. Union representation will be made available pursuant to Article 4 of the National Master UPS Agree-ment, as interpreted.

It is not the intention of this language to prohibit the driver from leaving the scene of an accident for the period of time necessary to obtain assistance in responding to the accident or to receive neces-sary medical attention.

Law Enforcement Testing

The result of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of post-accident test-ing, provided such tests conform to applicable federal, state or local requirements, and that the results of the tests are obtained by the Employer.

Section 4.8 Random Testing— Random Employee Selection

The procedure used to randomly select employees for alcohol test-ing, in compliance with the U.S. Department of Transportation reg-ulations, will be a computer program specifically intended for such an application.

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Article 35The program will utilize an internal computer clock procedure to randomly generate lists of employees mandated for testing by the Department of Transportation/Federal Highway Administration. The computer shall randomly select the required number of em-ployees from the total pool of affected employees. The total pool list shall be by each Region. The pool of employees selected ran-domly for controlled substance testing will also be the pool of em-ployees selected for alcohol testing in compliance with DOT regu-lations. For verification purposes and to cover absences the computer shall print the following lists for each testing period:

1. An alphabetical total pool list of employees in the Region, and

2. A District list of employees shall be printed from the random list in the order in which they are computer selected.

An absent employee whose name appears on the random test list must be tested upon return to work immediately after notification provided he/she returns before the next selection period. The lists or true copies of the lists shall be maintained by a third party ad-ministrator. Upon request to the District Labor Relations Manag-er, the lists will be made available for review by Local Union representatives and company labor relations managers to verify the proper application and use of the lists in the random testing system.

The parties agree that no effort will be made to cause the system and method of selection to be anything but a true random selection procedure insuring that all affected employees are treated fairly and equally.

The parties further agree not to amend or change the current meth-od of random selection as described herein without prior agreement between the parties.

A driver shall only be tested for alcohol while the driver is perform-ing safety sensitive functions, just before the driver is to perform safety sensitive functions, or just after the driver has ceased per-forming such functions.

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Article 35Employees who are on long term illness or leave of absence shall not be subject to testing.

Section 4.9 NotificationUPS employees, subject to Department of Transportation mandated random alcohol testing, will be notified of testing in person or by direct phone contact. Notification shall be given by the manage-ment person responsible for such notification.

Section 4.10 Rehabilitation and Testing after Return to Duty

If the Breath Alcohol Technician (BAT) determines a specimen is confirmed positive, then the employee will be removed from ser-vice and have five (5) calendar days to evaluate his/her situation with an approved Substance Abuse Professional (SAP) and then up to fifteen (15) calendar days to enter the rehabilitation treatment center after approval of a leave of absence as outlined in Article 16, Section 5 of the National Master UPS Agreement. UPS will follow the final recommendations of the Substance Abuse Professional (SAP), concerning the appropriate after-care protocol and post re-habilitation unannounced alcohol testing.

It is understood that if the grievance procedure is utilized contrac-tual time limits on disciplinary action and the employee’s request for rehabilitation will be suspended until resolution of the griev-ance.

The provision of Article 16, Section 5 will apply to all employees requesting enrollment in a rehabilitation program following a posi-tive alcohol test. Employees may use the United Parcel Service Employee Assistance Program, a union sponsored program, as well as any other referral service in choosing an approved program for treatment.

Follow-up testing shall consist of at least six (6) tests in the first twelve (12) months following the driver’s return to duty. The one (1) year period may be extended as necessary by written verifica-tion of the SAP.

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Article 35Employer Responsibilities

Prior to allowing an employee to return to duty, after the employee has tested positive for an alcohol concentration higher than 0.02, or has refused to submit to an alcohol test, the Employer shall:

A. Ensure that the employee is “alcohol free”, defined as less than 0.02, based on an alcohol test.

B. Ensure that the employee has been evaluated by a SAP for alco-hol use or abuse.

C. Ensure and confirm with the SAP that the employee demon-strates compliance with all conditions or requirements of a rehabil-itation program in which he or she participated.

Section 4.11 DisciplineIt is agreed that an employee will have rehabilitation opportunities for alcohol abuse as outlined in Article 16, Section 5, except as provided under Random Testing below.

Reasonable Cause Testing

An employee who is tested for reasonable cause and whose alcohol level is 0.02 to 0.039 will be taken out of service for twenty-four (24) hours and receive a warning letter.

An employee who is tested for reasonable cause and whose alcohol level is 0.040 to 0.069 will be taken out of service for twenty-four (24) hours, referred to a Substance Abuse Professional (SAP) and suspended for ten (10) days. If the employee has committed a dis-ciplinary offense under the terms of the supplemental agreement, the results of the test may be used in the support of the Employer’s disciplinary action.

A second positive test of 0.02 or above is a dischargeable offense. A positive test of 0.070 or above is a dischargeable offense.

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Article 35A presumption exists that the employee was drinking on the job if the observation, time of testing and alcohol level combine to show the employee’s level was too high to have consumed alcohol prior to the employee’s report time.

An employee taken out of service for a positive test result must have a negative test prior to returning to work.

1. Post-Accident Testing

An employee who is involved in an accident for which the mandate requires post accident testing must submit to such test. A post-acci-dent test of 0.02 or above is a dischargeable offense.

2. Random Testing

A positive test of 0.02 to 0.039 will result in the employee being taken out of service for twenty-four (24) hours and a warning letter shall be issued.

A second positive test of 0.02 to 0.069 or an initial positive test of 0.04 or above will result in the employee being taken out of ser-vice and a ten (10) day suspension shall be imposed. The employee will also be referred to a Substance Abuse Professional (SAP) for evaluation. If the SAP requires in-patient treatment and that in-pa-tient treatment is the second (2nd) such treatment afforded the em-ployee, the cost of such treatment will not be borne by the UPS medical plan.

A third (3rd) positive test of 0.02 or above after the employee was tested pursuant to the above levels will subject the employee to discharge.

3. Dischargeable Offenses

Other language to the contrary notwithstanding, the following may result in discipline up to and including discharge:

A. Failure to successfully complete rehabilitation.

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Article 35B. A positive test, defined as 0.02 or higher, as part of post-care testing.

C. Failure to comply with the after-care treatment plan.

D. Possession of and/or consumption of an alcoholic beverage while on duty.

E. Any test of an on-duty employee that measures at or above the state mandated DWI level. Should any state reduce the DWI man-dated levels below 0.08, the Employer and the Union agree to meet and re-negotiate section E of this Agreement.

F. An employee’s refusal to submit to a negotiated test.

Non-mandated employees shall be subject to reasonable cause test-ing as outlined above.

In no circumstances under this Section shall suspension time run concurrently with any leave period.

Section 4.12 Preparation for TestingPursuant to Department of Transportation regulations, the Employ-er reserves the right to utilize on site or off site testing facilities. Under no circumstances shall the Employer utilize UPS personnel to serve as a Breath Alcohol Technician (BAT).

Upon arrival at the testing site, an employee must provide the BAT with a photo identification.

If the employee arrives without the photo identification, issued by the Employer, or a federal, state or local government, the BAT should contact the District Safety and Health manager or the Dis-trict Human Resources manager.

A standard DOT approved alcohol testing form must be used by all testing facilities. The form used for non-DOT tests will contain the same information and procedures as the DOT form.

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Article 35Section 4.13 Specimen Testing ProceduresThe Employer agrees to implement a “Specimen Testing Check-list.” The checklist, approved by the UPS/IBT Safety and Health Committee, is to be used with the affected employees at the testing site by the person performing the testing for the Employer.

The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted alcohol testing procedure. Nor does it prohib-it an employee’s recourse to the collective bargaining agreement and/or the grievance procedure.

Procedures for alcohol testing will follow Department of Transpor-tation guidelines to ensure an individual’s privacy.

No unauthorized personnel will be allowed in any area of the test-ing site. Only one (1) alcohol testing procedure will be conducted at a time.

The employee will provide his or her specimen in a location that allows for privacy. The Employer agrees to recognize all employ-ees’ rights to privacy while being subjected to the testing process at all times and at all testing sites. Further the Employer agrees that in all circumstances the employee’s dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessar-ily. Testing will be under the direct observation of a BAT. All pro-cedures shall be conducted in a professional, discreet and objective manner. Direct observation will be necessary in all cases.

The employee shall provide an adequate amount of breath for the EBT device. If the individual is unable to provide a sufficient amount of breath, the BAT shall direct the individual to again attempt to pro-vide a complete sample. If the employee fails for any reason to pro-vide the requisite amount of breath, the BAT shall contact the District Safety and Health manager or Human Resources manager.

If an employee is unsuccessful in providing the requisite amount of breath, the Employer then must have the employee obtain, within

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Article 35five (5) business days, an evaluation from a licensed physician cho-sen by the Employer who has the expertise in the medical issues concerning the employee’s medical ability to provide an adequate amount of breath. If the physician determines that a medical condi-tion has, or with a high degree of probability, could have precluded the employee from providing an adequate amount of breath, the employee’s failure to provide an adequate amount of breath will not be deemed a refusal to take the test.

If the physician is unable to make a determination that the employ-ee was medically unable to provide a sufficient amount of breath, the employee will be regarded as refusing to take the test.

The BAT shall document any unusual behavior or appearance on the alcohol testing form.

Section 4.14 Substance Abuse Professional (SAP)Each Substance Abuse Professional (SAP) must be a licensed Doc-tor of Medicine or Osteopathy, or a licensed or certified psycholo-gist, social worker, employee assistance professional, or drug and alcohol counselor (certified by the National Association of Alco-holism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders and be knowledgeable of the SAP function as it relates to Employer interest in safety-sensitive functions and applicable DOT agency regulations. In addition, the SAP shall keep current on applicable DOT agency regulations and comply with the DOT qualification training and continuing education requirements.

The SAP is responsible for performing the following functions:

1. Conducting the initial face-to-face clinical assessment and eval-uation to determine what assistance is needed by the employee to solve problems associated with alcohol and/or drug use;

2. Referring the employee to an appropriate education and/or treat-ment program;

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Article 353. Conducting a face-to-face follow-up evaluation to determine if the employee has actively participated in the education and/or treat-ment program and has demonstrated successful compliance with the initial assessment and evaluation recommendations;

4. Providing the Employer with a follow-up drug and/or alcohol testing plan for the employee;

5. Providing the employee and employer with recommendations for continuing education and/or treatment.

Section 4.15 Record RetentionThe Employer shall maintain records in a secure manner, so that disclosure of information to unauthorized persons does not occur.

Each Employer or its agent is required to maintain the following records for two (2) years:

1. Records of the inspection and maintenance of each EBT used in employee testing;

2. Documentation of the Employer‘s compliance with the Quality Assurance Plan (QAP) for each EBT it uses for alcohol testing;

3. Records of the training and proficiency testing of each BAT used in employee testing; and

4. Any required log books.

The Employer or its agent must maintain for two (2) years records pertaining to the calibration of each EBT used in alcohol testing, including records of the results of external calibration checks.

Section 4.16 Release of Alcohol Testing InformationThe Breath Alcohol Technician (BAT) shall inform the employee before testing that the Employer will be notified if the confirmatory test is greater than 0.02, since the employee will be removed from

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Article 35service and considered medically unqualified to drive under DOT agency rules and regulations.

When a grievance is filed as a result of a positive test the Employer shall obtain records relating to the alcohol test. Upon receiving the records, the Employer shall provide copies to the appropriate offi-cial of the Union, by the end of the following business day after receiving the documents from the laboratory or the MRO, as appli-cable, provided that the employee has executed written consent authorizing release to the Union, a copy of which must be provided to the Employer.

Section 4.17 Paid for TimeTesting—the employee will be paid their regular straight time hour-ly rate of pay in the following manner:

1. For all time at the testing site.

2. (a) If the testing site is reasonably en route between the employ-ee’s home and the center, and the employee is going to or from work, pay for travel time one way between the center and the test-ing site or the testing site to the center; or

(b) For travel time both ways between the center and the testing site only if the testing site is not reasonably en route between the employee’s home and the employee’s center.

When an employee is on the clock and a random alcohol test is taken any time during the employee’s shift, and the shift ends after eight (8) hours, the employee shall be paid time and one-half (1-1/2) for all time past the eight (8) hours.

Provisions in Supplements, Riders and Addenda that are superior shall prevail.

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Article 36ARTICLE 36. NONDISCRIMINATION

The Employer and the Union agree not to discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, sex, sexual orientation, national origin, physical disability veteran status or age in violation of any federal or state law, or engage in any other discriminatory acts prohibited by law, nor will they limit, segregate or classify employees in any way to deprive any individual employ-ees of employment opportunities because of race, color, religion, sex, national origin, physical disability, veteran status or age in violation of any federal or state law, or engage in any other discriminatory acts prohibited by law. This Article also covers employees with a quali-fied disability under the Americans with Disabilities Act.

ARTICLE 37. MANAGEMENT EMPLOYEE RELATIONS

Section 1.(a) The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall per-form their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, co-erce or overly supervise any employee in the performance of his or her duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any griev-ance alleging retaliation for exercising his rights under the Agree-ment, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.

The following language is applicable to grievances arising from Article 37 Section 1(a) which allege intimidation, harassment, co-ercion or over supervision:

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Article 371. Grievances not resolved by the Local or Area grievance proce-dure shall be forwarded to the National Article 37 Grievance Com-mittee. Such Committee shall be comprised of an equal number of Union and Employer representatives and a sitting arbitrator who shall decide the merits and penalty of each case in the event of a deadlock by the Committee. Cases will be presented and decided in accordance with Article 8 and the National Grievance Committee Rules of Procedure.

2. The Article 37 Committee shall be empowered to provide a monetary penalty for each proven violation of this Section up to a maximum penalty of three (3) times the employee’s daily guarantee depending on the severity of the offense.

3. Any individual member of management deemed by the Com-mittee to have committed two (2) or more violations of this Section within a two (2) year period shall be required to appear in person before the Committee for any subsequent grievance(s). Failure of the management person to appear, absent a legitimate excuse, shall result in a negative inference.

(b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the under-standing that such package car driver will complete his/her assign-ment, and subject to the provisions below.

An employee who desires to be relieved from overtime on a partic-ular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub-section. If a request is denied on the above referenced form, the employee shall receive a two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based on the criteria set forth in this sub-section. This two (2) hour payment shall also apply if the Employer approves the request and later informs the

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Article 37employee he/she cannot be relieved of overtime, provided the re-quest continues to meet the criteria set forth in this sub-section.

In addition, if an employee’s request is granted but the Employer fails to adjust the driver’s dispatch so as to provide an amount of work that can reasonably be completed within eight (8) hours which then causes the driver to work in excess of eight and one-half (8.5) hours to complete his/her route, the driver shall be enti-tled to a two (2) hour penalty payment at his/her straight time rate and the driver will retain the eight (8) hour request for later use. No penalty shall be due if the employee exceeds the eight and one-half (8.5) hour threshold as a result of events beyond the Employ-er’s control.

The Center Manager and the Steward shall process such requests based on seniority. The Employer shall allow a minimum of ten percent (10%) of the package car drivers worked in any Center off on a daily basis. No package car driver’s dispatch will be adjusted more than two (2) times per month. It is understood that to accom-plish the above the Employer may need to provide an earlier start time. This subsection applies regardless of whether the driver has opted in or out pursuant to the provisions of subsection (c) below. Such requests shall not be submitted during the months of Novem-ber and December.

(c) The Union shall circulate and collect the names of package drivers who wish to be covered by the provisions of this Section twice each year. These lists shall be provided to the Company by January 5th and June 5th of each year. The Employer shall make a reasonable effort to reduce package car drivers’ workdays below nine and one half (9.5) hours per day for those on the list. If a re-view indicates that progress is not being made in the reduction of assigned hours of work, (i.e the package driver has worked more than 9.5 hours on three (3) days in a work-week), the following language shall apply, except for the period from November 15th through January 15th of the following year:

Employees within the full-time driver classification shall be eligi-ble for the protection of this Section provided: (1) the employee

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Article 37covers a route for a full week; (2) the employee bids or is assigned to cover a route for a full week but is prevented from completing that bid or assignment due to reassignment by the Employer; or (3) an employee with four (4) years of seniority as a full-time package driver.

Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in a workweek. The Company will not assign excessive over-time on the two (2) remaining days within the workweek in order to retaliate against a driver for opting onto the 9.5 List.

The “opt-in” lists provided by the Union shall become effective on January 15th and June 15th. A driver may add or delete his/her name from the list at any time, with one week’s notice to the Employer.

If a driver is paid a penalty under this subsection more than four (4) times in a calendar year a meeting shall be scheduled with the Dis-trict Labor Manager, Business Agent and the Co-Chairs of the ap-plicable Supplemental panel to determine what actions are neces-sary to ensure compliance.

If a grievance under this provision (or a grievance under any exces-sive overtime provision of a Supplement, Rider or Addendum) can-not be resolved at the local level, including Supplemental Panels, where applicable, the Union may docket the grievance to be heard by the “9.5 Committee.” This Committee shall be composed of two (2) Union and two (2) Employer representatives. The 9.5 Commit-tee shall have the authority to direct the Employer to adjust the driver’s work schedule. Deadlocked cases shall be referred to the Employer’s Vice President of Labor Relations and the Co-Chair of the Teamsters United Parcel Service Negotiating Committee for fi-nal and binding resolution.

The Employer’s Vice President and the Union’s Co-Chair shall have the discretion to grant the grievant triple time pay for hours worked in excess of nine and one half (9.5) hours per day and/or to order the Employer to adjust the driver’s work schedule. In the

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Article 37event the Employer’s Vice President and the Union’s Co-Chair can-not resolve a grievance, either party may refer the matter to arbitra-tion in accordance with Article 8. In the event the position of the Union is sustained, the arbitrator shall have the authority to impose any remedy set forth in this Section.

If there is a deadlocked grievance by the “9.5 committee” the Co-Chairs of the National Negotiating Committee may require a re-view of the adequacy of the Company’s staffing in the center in which the grievance was filed. In the event the parties cannot re-solve a dispute over whether excessive overtime in violation of this Section resulted from inadequate staffing in the center or other causes, such as the temporary unavailability of drivers, either may refer the matter to arbitration in accordance with Article 8. If the position of the Union is sustained, the arbitrator shall have the au-thority to award any remedy set forth in this Section including back wages at the appropriate rate of pay to the employee(s) ad-versely affected, as well as appropriate progression credit. The back wages shall be equal to what the employee(s) would have earned as a package driver at the applicable daily guarantee versus what he actually earned.

In addition, the Union Chair of the National Negotiating Commit-tee may, at any time, request a meeting with the Employer’s Presi-dent of Labor Relations to review the adequacy of the Company’s staffing in any center having excessive 9.5 grievances deadlocked at the local level panel. If the dispute cannot be resolved, either party may refer the matter to arbitration in accordance with Article 8, Section 7. The next arbitrator in rotation on the eastern Panel shall be assigned the case. The arbitrator shall have the authority to award any remedy specified in the paragraph above.

The 9.5 committee shall also have the authority to ensure that this Section is implemented in such a way as to balance the Employer’s need to protect the integrity of its operations with an employee’s legitimate need to avoid excessive overtime.

The provisions of this Section 1(c) shall supersede any language on “9.5” in the Central Region Supplement.

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Article 37(d) No employee shall be disciplined for exceeding personal time based on data received from the DIAD/IVIS or other information technology.

Section 2.Not more than one (1) member of management will ride with a driver at any time except for the purpose of training management personnel. No driver will be scheduled for more than one (1) day’s ride per year with more than one (1) member of management on the car. Such day will not be used for disciplinary purposes. The sole reason for two (2) management employees on the car is for super-visory training. If a supervisor assists a driver during an O.J.S., that day will not be used in determining a fair day’s work.

During scheduled safety training for feeder drivers the supervisor will only drive for demonstration purposes and this will not exceed one (1) hour per workday.

Section 3.Any alleged violation of this Article shall be subject to the applica-ble grievance procedure. Where an employee has submitted a grievance regarding an excessive number of rides, no member of management shall ride with that employee unless and until the local level hearing is concluded provided such hearing is held within five (5) working days. If the Union has a legitimate reason for not being available within the five (5) working days, the period will be ex-tended up to a total of ten (10) working days.

ARTICLE 38. CHANGE OF OPERATIONSSection 1.(a) The Employer agrees that prior to any change in its operation that will result in a change of domicile and/or possible layoff of seniority employees, it shall notify the affected Local Union(s) in writing with the specific details and information then available and then meet jointly with them to inform them of the proposed chang-es and to resolve questions raised in connection with the proposed change. The information will be provided at least seven (7) days

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Article 38prior to the meeting. During this joint meeting the Employer and the Union shall reduce to writing all agreed upon issues and both parties shall sign the written document in acknowledgement of such agreement. The parties shall also reduce to writing all unre-solved issues, if any, and they shall be referred directly to the ap-propriate Regional Change of Operations Committee. This meeting shall be completed where practical at least forty-five (45) days prior to the proposed change. The change may not be implemented until the forty-five (45) days’ notice is provided and the meeting is com-pleted unless the operational change is dictated by emergency con-ditions. The Union shall not unreasonably delay the scheduling or completion of the requested meeting. Any unresolved issues re-flected in Section (c) below, which have been reduced to writing, will be resolved pursuant to that Section.

(b) Any agreed to change of operations reached by the Local Union(s) and the Employer shall be reduced to writing and filed with the Joint National Change of Operations Committee. It is un-derstood that a regional area representative of the affected region(s) shall sit on the Joint National Change of Operations Committee.

(c) A Joint Change of Operations Committee will be established in each Regional area and will resolve issues arising out of the pro-posed change of operations. The Committee will resolve issues in-volving seniority application, health and welfare, and pension cov-erage and layoff questions for employees who are involved in the change. All affected parties will convene and attend the Regional Joint Change of Operations Committee meeting prior to the sched-uled implementation date to resolve these issues.

If the Regional Joint Change of Operations Committee is unable to resolve the issues, such issues shall be referred to the Joint National Change of Operations Committee for resolution. If the issues re-flected in this Section are not resolved by the Joint National Change of Operations Committee, they shall be submitted to an expedited arbitration using the arbitrators on the National Panel for that area.

The Committee which decides the issues, as described above, shall retain jurisdiction for a period of twelve (12) months following the

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Article 38change of operations decision. The decision of the Committee shall be final and binding.

Unless specifically covered in individual Supplements, Riders or Addenda, the following shall apply:

1. Whenever a center is closed and the work is transferred to or absorbed by another center, the affected employees will be entitled to follow their work and their seniority shall be dovetailed at the new center.

2. Whenever a center or hub is partially closed and the work of package drivers and all other regular employees, part-time and full-time, excluding feeder drivers, is transferred to or absorbed by another center, the affected employees may either follow their work and have their seniority dovetailed in the new center or be allowed to exercise their seniority in their present center and dis-place the least senior employee in their respective classifications. If any of the employees whose work is transferred elects not to follow his/her work, then he or she shall have the same rights as the remaining employees on the seniority list from which the work was transferred to bid the work being transferred. Those employ-ees who follow the work shall have their seniority dovetailed in the new center.

3. In a Change of Operations affecting feeder drivers, the following language will apply: Whenever a center is partially closed and the feeder work is transferred to or absorbed by another center, all feed-er drivers, in seniority order, will have the option of following the available work and have their seniority dovetailed in the new center or be allowed to exercise their seniority in their present center, and take whatever jobs become open as a result of other employees fol-lowing the work or taking a layoff. If a senior feeder driver elects to take a job which has been transferred out, the displaced employee(s) will fill the vacated job(s) by seniority until the next bid.

(d) The language contained in Section 1(a) shall be applicable to the Employer’s implementation of “satellite” facilities, provided, however: (1) the issues subject to discussion shall not be limited by

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Article 38paragraph (c) of this Section and, (2) in the event the issues cannot be resolved by the Employer and the Local Union, or, subsequently, in accordance with the established local area practice, the open is-sues may be referred to the Vice-President of Labor Relations and the Parcel and Small Package Division Director, or their designees. If no resolution is reached, all outstanding disputes shall be submit-ted to an expedited arbitration to determine if the Employer has violated any provisions of this Section or if the change will result in a violation of any other provision of the collective bargaining agreement. The expedited arbitration will be handled by one of the arbitrators on the National Panel for that area.

Section 2.

As a result of the Employer moving an operation more than seven-ty-five (75) miles, all full-time employees in accordance with clas-sification seniority who choose to move, will have their moving expenses paid.

The expense shall include the reasonable cost of packing and the moving of household goods or house-trailer including dismounting and mounting. The employee(s) who transfer will have one (1) year from the date of the change to move.

(a) Employee(s) who are transferred out of their original area where they are covered by a Teamster Pension Trust Fund into the jurisdiction of another pension trust fund, such employee(s) shall remain in their original pension trust fund.

The Employer agrees to pay the required pension contributions to the employee(s) original pension trust fund as set forth in the trust agreement, provided there is no conflict with any collective bar-gaining agreement and/or trust agreement.

ARTICLE 39. TRAILER REPAIR SHOP

Trailer repair facilities are intended to be a separate and distinct operation from the normal UPS automotive department.

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Article 39It is understood by the parties that the creation of trailer repair facilities and their locations shall be at the discretion of the Com-pany.

Section 1. RecognitionBy execution of this Agreement, the Employer acknowledges and agrees that employees employed in the classifications listed below. In this Article shall be considered bargaining unit employees for all intents and purposes and be covered by and included in Article 3 Recognition, Union Shop and Checkoff, and additionally, such em-ployees shall become a part of the National Single Bargaining Unit as set forth in this Agreement, unless otherwise provided by law.

Section 2. Employee ClassificationsTrailer Repair Employee

Utility Employee Full-time and Part-time

A Trailer Repair employee is a person hired to maintain, rebuild or repair equipment, in a Trailer Shop.

Section 3. Wage Rates By ClassificationTrailer Repair Employee

The starting wage rate of a trailer repair employee will be eighty-five percent (85%) of the Top rate of the UPS automotive jour neyman mechanic in the area where the trailer repair shop is located. A new trailer repair employee will start at one dollar ($1.00) per hour less than the above mentioned rate and will receive a twenty-five cent ($.25) per hour increase when gaining seniority, an additional twen-ty-five cents ($.25) per hour after sixty (60) working days, and an additional twenty-five cents ($.25) per hour after ninety (90) working days and the final twen ty-five cents ($.25) per hour at the end of one hundred and twen ty (120) working days. After completing the above progression all trailer repair employees will receive the annual GWI.

Utility Employee. Full-time and Part-time

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Article 39The starting rate of pay for utility employees will be eighty percent (80%) of the Top rate of the trailer repair employee in the area where the trailer repair shop is located. A new utility employee, full-time or part-time, will start at fifty cents ($.50) per hour less than the above-mentioned rate and will receive a twenty-five cent ($.25) per hour increase when gaining seniority and an additional twenty-five cents ($.25) per hour after six (6) months of employ-ment. After completing the above progression all utility employees will receive the annual GWI.

Section 4. Health and WelfareAll trailer repair shop employees shall be covered under the health and welfare plan in effect in the Area Supplemental Agreement, Rider or Addendum consistent with Article 34 of the Agreement.

Section 5. PensionThe Employer shall make pension contributions to the fund desig-nated by the Local Union in the same amounts negotiated and pro-vided for in the Supplemental Agreement, Rider or Addendum in effect in that area consistent with Article 34 of the Agreement.

Section 6. SeniorityThe provisions of Seniority in this Article do not supersede any seniority provisions in Local Supplements, Riders, Addenda or elsewhere in this Master Agreement unless mutually agreed.

(a) Classification Seniority shall prevail when unscheduled work is available. Unscheduled work can include but is not limited to 6th and 7th day work as well as holiday work. The employee request-ing such work must have adequate hours available to perform the work, and must be qualified to do the work.

(b) In the event of a lay-off, the least senior employee in the clas-sification shall be laid off first. Recall shall be in reverse order of seniority.

Any Trailer Repair employee who is laid off at least five (5) consec-utive days shall have the right to displace any junior employee in

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Article 39the Trailer Shop provided he/she is qualified to perform the work of the employee he or she has displaced.

The employee shall receive the appropriate rate of pay for the job being performed.

(c) Trailer shop employees will be given the opportunity to select start times by seniority on an annual basis, provided they are qual-ified to perform the work.

Employees shall have classification seniority within the trailer re-pair facility only and shall have the right to exercise the same as set forth in the Area Supplement, Rider, or Addendum. Modifications or changes to area practices concerning the application of seniority may be made by mutual agreement between the Local Union and the Employer and shall be a subject for negotiations. All changes or modifications must be approved by the National Negotiating Com-mittee prior to implementation.

Section 7. General

All other terms and conditions of employment shall be negotiated between the Local Union and Employer and presented to the Na-tional Negotiating Committee for approval and set forth in local area trailer repair shop Riders or Addenda.

In areas where current trailer repair employees are part of a Local area or Supplemental Mechanics Agreement those employees shall remain covered by their current Agreement. In areas where the Em-ployer elects to build or open a separate Trailer Repair Facility, unresolved issues of the newly affected employees will be referred to the National Committee for resolution.

Section 8. Movement of Equipment

It is agreed that all movement of equipment to and from the trailer repair shop may be assigned to a qualified trailer repair shop em-ployee and shall be paid at his/her classification rate.

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Article 39Section 9. AmendmentsAny alterations, changes, additions or deletions to this Article must be presented to the National Negotiating Committee for approval prior to being placed into effect.

Section 10. Paint and Body FacilitiesIn the event paint and body facilities are created to perform repair work on feeder and package car equipment, the above Article and Sections shall apply.

Section 11. Training ProgramA utility employee shall have a one-hundred-twenty (120) day training program to qualify as a trailer repair person when filling an opening. The trainee shall maintain his/her current rate of pay for the one-hundred-twenty (120) day period. Should he/she qualify, he/she will go to the starting rate of a trailer repair person. Should an employee fail to qualify as a repair person said employee will return to his or her previous position. A trainee shall remain on the vacation schedule of his/her previous position. No employee shall be subject to a pay decrease as a result of this language.

This qualification will be limited to one (1) per lifetime of this Agreement. Qualification is to be determined by the Company.

Section 12. All language in Article 39 is based on an employee being qualified to perform the work.

Section 13. Trailer Conditioners, Inc.(1) The Agreement between Southern Region of Teamsters and Trailer Conditioners, Inc. (“TCI Agreement”) became a supplement to the National Master United Parcel Service Agreement (NMA) in 2007. Article 1, Section 2 and Article 2, Section 1 shall apply to the job classifications described in Article 1 of the TCI Agreement. No other provision of the existing or any future NMA shall apply to the employees covered by the TCI Agreement except as provided in

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Article 39Paragraph 3 below or as otherwise mutually agreed in writing by the parties.

(2) The TCI Agreement became a Supplement to the NMA upon ratification of the 2007 Agreement. This Supplement shall remain in full force and effect for the duration of this NMA. This Supple-ment to the successor NMA will be subject to cancellation or termi-nation on July 31, 2023 provided that the notice provisions of the NMA are followed.

(3) Full-Time employees of Trailer Conditioners, Inc. (TCI) who were participants in the Central States Southeast and Southwest Ar-eas Pension Fund (CS Plan) as of December 26, 2007, and all future full-time employees who would have been covered by the CS Plan absent this agreement, shall be covered by the UPS/IBT Full-Time Pension Fund as set forth in Article 34, Section 1(l) of the National Master Agreement (effective January 1, 2008) and the related Plan Documents and Trust Agreement except the benefit formula set forth in Article 34, Section 1 (l)(2) and (l)(6). The benefit formula and monthly benefit for TCI employees will continue at the level set forth in the TCI Agreement. As of December 26, 2007, TCI ceased to have an obligation to contribute to the CS Plan and will have no other obligation to provide such employees with future benefit accruals under the CS Plan. The provisions of Article 21, Section 1 of the TCI Agreement became null and void upon ratifi-cation of the 2007 Agreement.

(4) All provisions in the TCI agreement shall remain in effect through July 31, 2023.

ARTICLE 40. AIR OPERATIONPreambleIn order for the Employer, the Union and the employees to further benefit from the expanding air operations, the following Sections shall supersede language on the same subjects in the Supplements, Riders and Addenda, unless specifically stated otherwise in this Ar-ticle.

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Article 40Section 1—Air Drivers

(a) Air driver work shall consist of delivery and pickup of air pack-ages which, because of time and customer commitments, cannot be reasonably performed by regular package drivers. Such work may include:

(1) Delivery of air packages which the regular delivery drivers cannot deliver within guaranteed time commitments.

(2) Delivery of air packages arriving at the facility after regular drivers have been dispatched.

(3) Delivery and pick up of air packages on weekends and holi-days.

(4) On Call Air pickups.

(5) Pick up at air counters and drop boxes.

The Company shall not expand the utilization of part-time employ-ees to pick up drop boxes, including those containing ground pack-ages. The Company shall provide the International Teamsters Union with a report no later than March 1, 2013 and, thereafter, an annual report by August 15th of each year for the prior contract year identifying for each Local Union the total number of drop box-es being picked up by regular full-time package drivers, full-time air/combo drivers, and part-time air drivers. The ratio of drop boxes picked up by regular full-time package drivers, full-time air/combo drivers and part-time air drivers shall be maintained (within two (2) percentage points) during the term of this Agreement. Additional drop boxes will be picked up by the same ratio of regular full-time drivers, full-time air/combo drivers and part-time air drivers as es-tablished by the March 1, 2013 report. The size and dimensions of drop boxes existing on February 1, 2013, and those added thereaf-ter, shall not be increased, without the consent of the Union.

(6) Additional late air pickups.

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Article 40(7) Air drivers may, on an exception basis, be used to make service on packages which are not air packages.

An exception package is intended to be when an Air Driver is mak-ing a pick up, as outlined above, after the regular driver has been at the customer’s premises, and the customer has an exception ground package(s) for shipment, the air driver may make service on this package(s). Air drivers may continue to pick up Automatic Return Service packages but the features of this service will not be expand-ed.

Any violation of Section 1(a) (7), shall obligate the Employer to pay the Air Driver involved the difference between his/her rate of pay and the top regular package car driver wage rate existing at that building. Grievances concerning violation or abuse of this shall be referred directly to the National Air Committee.

(8) Delivery of early AM Packages.

(9) Movement of air packages to airports and other locations such as service centers, UPS buildings and driver meet points. Shuttle work currently performed by regular full-time drivers shall be ex-cluded. Should a regular full-time driver vacate a position which includes air shuttle work, that job shall either be rebid as it previ-ously existed and continue to be paid at the regular driver rate or the air shuttle work may be combined with other air work to create one (1) or more full-time air or full-time combination job(s) paid in accordance with Section 6 below. In no event shall such shuttle work be assigned to a part-time air driver.

Shuttle work currently being performed by part-time air drivers shall be converted to full-time air driver work when the driver va-cates the job except when there is not enough work available to create a full-time job.

(b) The workday for Air Drivers shall be as follows:

(1) Eight (8) hours scheduled work in the air driver’s classifica-tion, or a combination of eight (8) hours scheduled work in the air

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Article 40driver’s classification and other bargaining unit classifications, ex-cept air walker. These employees shall receive all appropriate full-time benefits.

(2) Less than eight (8) hours scheduled work in the air driver clas-sification or a combination of less than eight (8) hours scheduled work in the air driver classification and other bargaining unit clas-sifications, except air walker. The Employer will notify the Union within thirty (30) calendar days in writing when a less than eight (8) hour position is created, and the Union will have thirty (30) calen-dar days to grieve the implementation if they believe such position is improper. This grievance shall go directly to the National Air Committee. These less than eight (8) hour employees shall receive appropriate part-time benefits. No less than eight (8) hour combina-tion job will be rescheduled to create two (2) part-time jobs.

(3) Combinations which require more than a two (2) hour gap be-tween jobs will normally not be used unless mutually agreed to by the Local Union and the Employer.

(c) Air Driver Work Week

The workweek for full-time air drivers currently working a Mon-day through Friday workweek shall continue on that schedule. The work-week for additional full-time air drivers shall be any five (5) consecutive days in seven (7), and for all part-time air drivers shall be any five (5) in seven (7) days.

(d) Air Driver Guarantee and Overtime

(1) Full-time air drivers shall have the same daily and weekly guarantees as provided for regular drivers in the applicable Supple-ment, Rider or Addendum. They shall receive overtime pay for hours worked in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week.

(2) Less than eight (8) hour air drivers (part-time air drivers) who have a regular scheduled start time shall have a three (3) hour daily guarantee. They shall receive overtime pay for hours worked in ex-

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Article 40cess of eight (8) hours in a twenty-four (24) hour period or in ex-cess of forty (40) hours per week.

(3) Any less than eight (8) hour combination air driver (part-time combination air drivers) who works their three (3) hour guarantee shall be guaranteed four (4) hours. They shall be paid overtime for work in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week.

(4) The provisions above do not apply to an air exception driver who performs extra work under Sections 1 (h), (j) or (k) below.

(5) Employees in paragraphs (2) and (3) above shall be entitled to all other provisions in their Supplement, Rider or Addendum (such as rest periods, shift differential, bidding to full-time jobs and lay-off provisions, etc.).

(e) Start Times

All full-time and part-time air drivers, who have a scheduled as-signment, shall have start times posted the previous week. Start times may be adjusted with notification prior to the employees re-porting to work.

(f) Break Periods

(1) Full-time air drivers shall receive the same provisions for lunch and/or breaks as regular drivers receive in their Local Supplement, Rider or Addendum.

(2) This provision is not intended to give less than eight (8) hour air drivers or less than eight (8) hour combination air drivers more than one (1) break unless specifically stated otherwise in the Local Supplement, Rider or Addendum. However, any less than eight (8) hour air driver (part-time air driver) or less than eight (8) hour com-bination air driver (part-time combination air driver) who is dis-patched with eight (8) or more hours will be provided the same break or lunch period as that provided to full-time drivers under the applicable Supplement, Rider or Addendum.

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Article 40(g) Bidding Procedure

Air driver jobs shall be subject to the appropriate bidding proce-dures in the applicable Supplement, Rider or Addendum.

(h) Exception Air Drivers

(1) The Employer and the Union recognize that there may be air packages that cannot be delivered by the regular full-time package car driver or the scheduled air drivers listed in this Section. There-fore, the parties agree to continue the practice of allowing the use of part-time employees who have signed the exception qualified list or who have expressed in writing their desire to be on the list and who have been certified to deliver these exception air packages.

(2) Employees certified on the Exception Air Driver list who have not worked over forty (40) hours in the current work week shall be offered this work by seniority.

(3) Exception air drivers shall have no guarantee and will be paid only for the time worked making air deliveries. In the event a part-time employee works over eight (8) hours in any one (1) twen-ty-four (24) hour period, he or she shall be compensated at the rate of time and one-half (1-1/2) for all hours worked over eight (8) hours at the rate of pay specified in Section 6 below.

(4) No exception air driver shall be required by the Employer to wait at a center for packages off the clock.

(i) Personal Vehicles

Air Exception drivers will use the Employer’s vehicles whenever possible. Air Exception drivers who would happen to use their per-sonal automobiles shall be reimbursed at the IRS limit applicable per mile for all miles driven to perform the air driving work in ad-dition to their air driver wages. When an employee uses his/her own vehicle in the service of the Employer and is involved in an accident, the Employer shall be responsible for the damages to both

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Article 40the employee’s vehicle and to the other person’s vehicle and/or property, and will provide liability insurance coverage.

(j) Holiday Work

When it is necessary to provide air service on holidays, the follow-ing procedure shall be used:

(1) The Employer shall offer this work in seniority order to full-time air drivers who have worked at least one (1) day that week before offering it to part-time air drivers.

(2) When the scheduling needs cannot be met using the above pro-vision, the Employer shall have the right to force part-time air driv-ers and then full-time air drivers to work starting in reverse order of seniority. If after exhausting the above steps scheduling needs are still not met, the Employer shall offer the work in seniority order within the package driver classification. If more drivers are still needed the reverse seniority order concept will be used for package drivers. Package car drivers who work on a holiday may make a written request for an eight (8) hour guarantee. Such written re-quest shall be made the last work day prior to the holiday. All time worked by these drivers on a holiday will be paid at the Supplemen-tal holiday rate.

(3) The scheduling of the support work will be reviewed with the Local Union prior to the holiday. If the Local Union believes that the Employer has scheduled an excessive number of support em-ployees, it shall have the right to appeal directly to the National Air Committee. The National Air Committee will review the schedule and determine whether the Employer has scheduled an excessive number of support employees. If it is determined by the National Air Committee that the Employer worked excessive support em-ployees, the excessive employees worked shall be paid dou-ble-time for hours worked in addition to their holiday pay.

(4) Air drivers and support employees scheduled on a holiday to ensure air service to the customer, including time performing inci-dental work, shall receive straight-time for all hours worked up to

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Article 40eight (8) hours in addition to the holiday pay. Overtime provisions shall apply if the employee works over eight (8) hours.

(k) Saturday or Sunday Air Work

(1) To perform Saturday or Sunday air work the Employer and the Union recognize the need for air drivers other than those regularly scheduled. Qualified part-time employees who are interested in performing this work will so notify the Employer, be certified and be placed in seniority order on a posted qualified air driver list. Such work will be first offered in seniority order to employees on the qualified list who have not worked more than thirty-seven (37) hours in the current week. This work shall then be offered in senior-ity order to qualified part-time employees regardless of hours worked. If the scheduling needs still cannot be met, and additional employees are needed, the Employer may force qualified part-time employees in reverse seniority order.

(2) These employees shall be paid at the air driver’s straight-time rate of pay in accordance with Section 6 below. Time and one-half (1-1/2) will be paid after eight (8) hours per day or after forty (40) hours per week.

(3) All employees working as an air driver on Saturday or Sunday under this Section shall have a three (3) hour guarantee.

(l) References in this Article to an air driver, part-time or full-time, include employees who on a scheduled basis, perform (1) only air driving work, or, (2) air driving work in combination with other bargaining unit work.

Section 2. Air Walkers(a) Air Walkers may deliver and/or pickup air packages and shall not drive any vehicle which requires a drivers license in the perfor-mance of their duties.

(b) Air Walkers will not be used to pick-up or deliver ground pack-ages.

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Article 40(c) Air walkers shall start and end the day in the area they work.

(d) Air Walkers shall be guaranteed three (3) hours per day and shall be given a ten (10) minute paid break.

(e) Air Walkers shall be paid in accordance with Section 6 below.

(f) Air Walkers shall receive all part-time benefits and conditions of employment as outlined in the appropriate Supplement, Rider or Addendum including the right to bid into full-time jobs. An air walker position shall be open for bid to current employees prior to tilling that position from the outside.

(g) The intent of this Section is not to eliminate present full-time air jobs and/or combination jobs.

Section 3. Air Hub and Gateway OperationsEmployees presently working in or hired into existing air hubs and/or gateways shall continue to work under the present agreements covering the air hub and gateway operations. If no agreement ex-ists, Article 40, Section 3 shall apply. However, if Section 3 is si-lent, the appropriate Supplement, Rider or Addendum will apply.

(a) Workweek

(1) The workweek for air hub and gateway employees shall consist of any five (5) days in a seven (7) day period.

(2) Air hub and gateway employees hired prior to August 1, 1987 shall have the right to maintain the workweek in existence at that time, if such workweek exists.

(b) Daily Guarantees

The three (3) hour daily guarantees shall apply whenever possible. Further, the parties agree that in those areas that do not currently have a daily guarantee, the following procedure shall apply: If eighty percent (80%) of the employees reporting to a shift work three (3) or more hours for thirty (30) working days within a for-ty-five (45) day period, except for peak season, such shift shall be

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Article 40entitled to a three (3) hour guarantee. The Employer may also pro-vide a higher daily guarantee to the extent it does not conflict with the overtime rules in the applicable Supplement, Rider or Adden-dum. Grievances concerning this issue shall be brought directly to the National Air Committee.

(c) Holidays

(1) When it is necessary to operate an air hub and gateway opera-tion on a holiday, those employees worked will be paid overtime in addition to holiday pay if it is not a scheduled workday for those employees.

(2) For those employees not qualified for overtime, as stated above, the holiday will be a normal workday.

(3) The holiday shall be defined as the day the holiday is nationally observed.

(4) Start times on these days may differ from normal workday start times.

(d) Rest Periods—Air operation employees who are covered by a daily guarantee shall receive the same rest period provisions as out-lined in the appropriate Supplement, Rider or Addendum.

(e) Newly Expanded Hubs and Gateways

If an air operation is expanded or altered and is no longer able to effectively operate, the Employer and the Union shall meet to work out any needed modifications, which would be subject to approval of the National Air Committee.

(f) Seniority

(1) Air hub and gateway employees shall work off one (1) seniori-ty list within each operation, unless otherwise mutually agreed. Part-time employees covered under this Section shall be given the same opportunities for full-time positions as described in the ap-

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Article 40propriate Supplement, Rider or Addendum. Where those Agree-ments are silent or are not clear, the Employer and the Local Union shall meet and agree upon a method of affording the opportunity for full-time employment.

(2) In air hub and gateways that currently have no procedure to recognize part-time seniority, part-time employees with one (1) or more years of seniority will be allowed in seniority order to fill permanent vacancies on a different shift and/or fill permanent va-cancies between the airport sort facility and the ramp in all months except November and December. The employee will be allowed to exercise this procedure once a year.

(g) Start Times

Start times may be adjusted with notification, prior to the employ-ees reporting for work, to coincide with the arrival and departure of parcels.

(h) Rain Gear

The Employer shall provide all outside ramp employees rain gear, to include, pants and tops. De-ice crews shall be provided with in-sulated coveralls, insulated gloves, boots and rain gear that is large enough to fit over the insulated coveralls.

(i) Air Gateway

In addition to the Union’s right to organize employees at the Com-pany’s air gateways in accordance with applicable law, work per-formed at air gateways shall be performed by United Parcel Service bargaining unit members in accordance with the following proce-dure:

The Union Chairperson of the National Air Committee shall serve the Company Chairperson of the National Air Committee with written notice of the Union’s position that work at a particular gate-way is appropriate for conversion to work performed by Unit-ed Parcel Service bargaining unit members. Upon receipt of the

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Article 40notice, the Union and Company Chairpersons of the National Air Committee shall meet to review the details of the specified gateway operation, including if necessary an inspection of the air gateway. For work at an air gateway/ramp operation (including any sort work performed on the ramp) to be performed by United Parcel Service bargaining unit members, all of the following criteria must be met:

(1) The air gateway operation must have an established five (5) day workweek with a minimum of three (3) hours of continuous work on all shifts (excluding rest periods provided in the appropriate Supplement, Rider or Addenda) for all employees;

(2) There is a minimum of forty (40) potential bargaining unit members on the ramp;

(3) The Company currently owns, rents or leases the appropriate ramp equipment. Disputes over the economic impact of the Com-pany’s ability to purchase, rent or lease the necessary ramp equip-ment will be resolved by the Union and Company National Air Committee Chairpersons; and,

(4) The Company is not prohibited from obtaining legal permission to operate on the airport ramp by the operating authority of that particular airport.

Once the Union Chairperson of the National Air Committee has served the Company Chairperson of the National Air Committee with written notice of the Union’s position that a particular air gate-way is appropriate for conversion in accordance with the criteria set forth in (1) through (4) above, the Company agrees that subsequent alteration or changes in the four (4) criteria listed above, which are made by the Company, shall not be used as a subterfuge to avoid conversion.

The conversion period shall be no longer than one hundred twenty (120) days from the date the Union and Company Chairpersons verify that the above stated criteria have been satisfied.

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Article 40The completed conversion of an air gateway to work being per-formed by United Parcel Service bargaining unit members under the provisions of this Section shall not be affected by subsequent alteration or changes in the criteria set forth in (1) through (4) above at any such converted air gateway.

Air gateway location(s) which utilize a Teamster represented ven-dor contracted by United Parcel Service are not subject to this Sec-tion.

Section 4. Start Times for Air Shuttle and Air Feed Drivers

Because of the nature of the air business, regular air shuttle and air feed drivers may have flexible start times on Monday, Friday, Sat-urday, Sunday and/or holidays to coincide with the needs of the Employer’s air operations.

Section 5. Grievance Procedure

(a) A Joint National Air Committee shall be appointed for the pur-pose of continually reviewing the progress of the air expansion and the unforeseen problems that may arise. This Committee shall have the authority to amend, alter, add to and delete provisions of this Article as it deems necessary to further the best interests of the employees and the Employer’s air operation.

(b) All grievances, controversies and/or disputes concerning the Air Operation shall be subject to the regular grievance procedure. Any decision rendered by a local, state or area panel which inter-prets Article 40 shall not be precedent setting in any other case.

(c) Any dispute concerning the interpretation or applicability of this Article including cases which have deadlocked at the lower level shall be submitted to the Joint National Air Committee for resolution. Such resolution will include the right to submit the mat-ter to arbitration in accordance with Article 8 Procedures. Deci-sions made in accordance with this Section shall be final and bind-ing on all parties.

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Article 40Section 6. WagesAll hourly wages for employees covered under Article 40 will be determined in accordance with this Section, Article 22 and Article 41 where specified.

(a) Part-time air drivers including exception air drivers will be paid as follows:

Start $15.00Twelve (12) months $16.00Twenty-four (24) months $17.00Thirty-six (36) months $21.00Forty-eight (48) months Top Rate

(l) Effective August 1, 2018 the prior $28.64 forty-eight (48) month (top) rate will change on August 1st of each year of the Agreement to reflect the agreed upon general wage increases.

(2) Seniority part-time employees entering a part-time air driver job after the effective date of this Agreement will begin at the start rate. Part-time air drivers in progression as of the ratification of this Agreement will maintain a two (2) year progression to Top Rate as set forth in Article 40, Section 6(a) of the 2013-2018 NMA but will be paid the applicable hourly rates as set forth above.

Part-time employees who are awarded a scheduled part time air driver job shall receive progression credit in accordance with the following: for each four (4) days on which exception air work was performed in the two (2) years immediately prior to the bid award, one (1) month of progression credit shall be granted. In addition, if a bid part-time air driver is displaced, he/she will retain his/her pro-gression credit under paragraph (a.) for any air exception work.

(b) Full-time air drivers will be paid as follows:

Start $17.00Twelve (12) months $18.00Twenty-four (24) months $19.00Thirty-six (36) months $23.00Forty-eight (48) months Top Rate

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Article 401. Effective August 1, 2018 the prior $30.64 (top) rate will change on August 1st of each year of the Agreement to reflect the agreed upon general wage increases.

2. Seniority full-time employees entering a full-time air driver job will be slotted based on their Company seniority. Full-time air driv-ers in progression as of the ratification of this Agreement will main-tain a two (2) year progression to Top Rate as set forth in Article 40, Section 6(b) of the 2013-2018 NMA but will be paid the applicable hourly rates as set forth above.

(c) All new hire full-time or part-time air drivers will be placed in the applicable progression in paragraphs (a.) or (b.) above. Part-time employees who bid into a full-time air driver job covered by this Section will be red-circled at their current wage rate until such time as the calculated progression rate set forth above exceeds that rate. The transfer date will become his/her full-time start date for the purposes of applying the progression set forth above. A part-time employee shall not lose the red-circle protection provided by this paragraph as a result of transferring from one full-time air driv-er job to another full-time air driver job.

(d) All current full-time or part-time air drivers who are out of the progression in the prior agreement shall receive the general wage increases provided for in accordance with Articles 22 or 41, as ap-plicable.

(e) Employees in existing or newly created less-than-eight hour combination jobs shall be paid the part-time air rate in accordance with paragraph (a.) above for air driver work and their normal part-time wages for the hours worked in other classifications in accor-dance with Article 22.

(f) Employees who are in existing full-time combination jobs or who hereafter enter a full-time combination job shall be paid the appropriate full-time air rate for air driver work and appropriate inside part-time rate for the hours worked in other classifications. If an employee has no established inside rate, that employee will be

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Article 40paid the appropriate part-time rate in accordance with his Company seniority.

(g) Employees on the exception air driver list shall continue to be slotted into the part-time air driver progression in paragraph (a.) above based upon the length of time the employee has been per-forming air exception work. Seniority employees who begin per-forming air exception work will start at the seniority rate. New part-time employees signing up to perform air exception work will receive the start rate in paragraph (a.) above until they gain seniority.

(h) Part-time air hub and gateway employees and air walkers shall be paid the applicable part-time rate of pay as set forth in Article 22, Section 5(a) or (b). However, if a part-time employee is award-ed an air walker job he/she shall continue to receive his/her inside rate in accordance with Article 22. Full-time air hub and gateway jobs shall be paid in accordance with Article 41, Section 3 unless there is an existing agreement under Article 40, Section 3 expressly providing a pay rate for such a classification.

(i) Air operation employees who are covered by a daily guarantee shall receive the same rest period provisions as outlined in the ap-propriate Supplement, Rider or Addendum.

ARTICLE 41. FULL-TIME EMPLOYEESSection 1. Full-time Wage IncreasesAll full-time employees who have attained seniority as of August 1, 2018 will receive the following general wage increases for each con-tract year. The total wage increase for the year will be as follows:

2018 seventy cents ($0.70)2019 seventy-five cents ($0.75)2020 eighty cents ($0.80)2021 ninety cents ($0.90)2022 one dollar ($1.00)

Full-time employees still in progression on the effective date of this Master Agreement shall receive the above contractual increases.

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Article 41They will be paid no less than what they are entitled to in accor-dance with Article 41, Section 2 below.

Section 2. Full-time Wage Progression

(a) Notwithstanding any provision in any Supplements, Riders or Addendum the progressions set forth in Sections 2(c) and 3 below will be controlling with regard to any employee entering a full-time job after August 1, 2018 covered by those Sections.

(b) No employee shall be required to complete a full-time progres-sion more than one (1) time even if he or she transfers between full-time jobs except as set forth in this paragraph. The sole excep-tion is when an employee is awarded a package car or feeder driv-er job and has not previously held a full-time job which includes driving duties. In such event, the employee will have a break-in rate equal to the employee’s current wage rate until six (6) months from the date the employee entered the job. The employee will then go to the prevailing top rate. A part-time air driver who has completed the Article 40 progression, bids a full-time inside job and then a driver job within two (2) years shall have the same break-in period.

(c) The progression for employees entering a package car driving, feeder or other full-time job (other than an air driver, Article 43 jobs or a job covered by Sections 3, 4 or 6 below) after August 1, 2018 shall be as follows:

Start 21.00Twelve (12) months 23.00Twenty-four (24) months 24.00Thirty-six (36) months 28.75Forty-eight (48) months Top Rate

Part-time employees on the payroll as of July 31, 2018 who subse-quently are promoted to full-time employment under this paragraph will be red circled until such time as the calculated progression rate exceeds that rate. The transfer date will become his/her full-time start date for purposes of applying the above progression.

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Article 41If a part-time employee bids to a full-time position and the top rate of the classification is less than his/her current rate, the employee shall be placed at the top rate of the new classification immediately.

This Sub-section shall supersede any provision to the contrary in any Supplement, Rider or Addendum.

The progressions in this subsection shall apply to full-time employ-ees who may have had separate progressions in their Supplements, Riders or Addenda including, but not limited to, UPS CSI.

Employees in the Article 41 Section 2(c) progression in the prior Agreement as of the date of ratification shall be slotted into the new progression above.

Section 3. Full-time Inside WagesThe rates in this Section shall not apply to any full-time inside jobs guaranteed in Article 22, Section 2 created prior to August 1, 1997. Rather, for employees entering those jobs, Article 41, Section 2 (c) above shall apply.

Part-time employees whose rates are higher than those set forth below who bid into a full-time inside job covered by this Section shall be paid their current inside wage rate plus the general wage increases.

Other part-time employees who bid into a full-time inside job cov-ered by this Section will be red circled at their current wage rate until such time as the calculated progression rate set forth below exceeds that rate. The transfer date will become his/her full-time start date for purposes of applying the progression set forth below. A part-time employee shall not lose the red circle protection pro-vided by this paragraph as a result of transferring from one full-time inside job to another full-time inside job.

Start $16.00 Twelve (12) months $17.00Twenty-four (24) months $18.00Thirty-six (36) months $21.00Forty-eight (48) months Top Rate

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Article 41The Top Rate shall be $30.64 plus the general wage increases pro-vided in Section 1 above.

Employees who are in progression as of the date of ratification, will be slotted into the above progression. When the progression is com-pleted for these employees, the employee shall be placed at the then current top rate and shall thereafter be eligible to receive the gener-al wage increases beginning on the next date specified in Article 41, Section 1.

Full-time employees who bid into a full-time inside job covered by this Section will be paid in accordance with their full-time seniority date. Full-time employees with four (4) or more years of full-time seniority who bid into a full-time inside job will be paid the top current rate of the classification.

Section 4. Full-Time Wages For Article 22.4(b) JobsPart-time employees whose rates are higher than those set forth be-low who bid into a full-time 22.4(b) job covered by this Section shall be paid their current inside wage rate plus the general wage increases.

Other part-time employees who bid into a full-time 22.4(b) job cov-ered by this Section will be red circled at their current wage rate until such time as the calculated progression rate set forth below exceeds that rate. The transfer date will become his/her full-time start date for purposes of applying the progression set forth below. A part-time employee shall not lose the red circle protection pro-vided by this paragraph as a result of transferring from a 22.4(b) job to a full-time inside job covered by either Article 22.2 or 22.3.

Start $20.50 Twelve (12) months $21.25Twenty-Four (24) months $22.75Thirty-Six (36) months $25.00Forty-Eight (48) months Top Rate

The Top Rate shall be $30.64 plus the general wage increases pro-vided in Section 1 above.

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Article 41Any part-time employee performing package car cover-type work in a Supplement, Rider or Addendum who bids into a 22.4 driver job will be treated the same as if he entered into a regular package car driver job under Article 41, Section 2 (c) for progression credit and red circle purposes.

Full-time employees who bid into a full-time 22.4(b) job covered by this Section will be paid in accordance with their full-time seniori ty date. Full-time employees with four (4) or more years of full-time senior ity who bid into a full-time inside job will be paid the top current rate of the classification.

Section 5. Full-time UPS CSI TCI and Challenge Air Cargo Employees

Full-time UPS CSI, TCI and Challenge Air Cargo employees shall receive the general wage increase on the dates set forth in Article 41, Section 1.

Section 6. Mechanic ProgressionThe progression for employees entering a mechanic job after Au-gust 1, 2018 shall be as follows:

Current Top RateStart: 85%Twelve (12) months 90%Twenty-Four (24) months Top rate

Mechanics in progression on August 1, 2018 shall be slotted into the above progression.

ARTICLE 42. UNIFORMS

Effective May 1, 1994, short uniform trousers will be provided as an option for package and feeder drivers at no cost to the employee. Such shorts may only be worn in compliance with uniform and ap-pearance standards established by the Employer.

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Article 43ARTICLE 43. PREMIUM SERVICES

Section 1. Job ProtectionFrom time to time, the Employer must offer special new premium services to its customers in order to protect existing jobs and further the mutual goal of increasing the number of bargaining unit jobs. The Employer shall utilize bargaining unit employees to perform the feeder movement work of such new premium services, which work shall be considered to be bargaining unit work. The provisions of this Article shall also apply to all packages moved by airplane and to the Employer’s “city pairs” service, where it is necessary for the Employer to implement the service to meet its competition. No feed-er driver will be laid off or displaced from a feeder classification as a direct result of any provision in this Article.

In implementing such new premium services, the Employer shall utilize the following options to complete the ground movement of the customers’ packages in the following order:

(1) If the Employer’s existing feeder network can meet the Employ-er’s time and service needs, that network will be used first.

(2) When the existing feeder network will not adequately meet the Employer’s time and service needs, the Employer agrees to estab-lish a new driver classification, which shall be called a premium service driver. This driver will be typically used to move loads to and from ground and air hubs that are more than two hundred fifty (250) miles apart. Wherever practical, the driver will start at ap-proximately the same start time each day and make two (2) round trips per week to a scheduled sort location. Such work must provide the driver a minimum four (4) day work week.

Benefits provided will be those of regular full-time feeder drivers. The driver will be provided the opportunity to work ten (10) hours per day four (4) days per week. Drivers will also be provided with lodging and shuttle service at the away destination. When jobs are created that have less than ten (10) hours of work, the premium service driver will be paid at the feeder rate of pay and be allowed to work locally in either origin or destination city to fill out his/her

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Article 43workday. In regards to the premium service drivers, since some hubs work on Friday and some on Sunday, the Employer may move the fifth (5th) day loads via a TOFC pursuant to Article 26.

(3) If the Employer cannot accommodate its time and service needs under (1) and (2) above, the Employer shall have the right to propose the use of bargaining unit sleeper teams to the Local Unions and the Joint Premium Service Review Committee as set forth in Section 4 below. The wages and other economic terms of employment for such sleeper teams shall be as set forth below.

Section 2. Sleeper Team OperationsThe Employer may use subcontractors for new custom contracts for reasonable start-up periods. In no event shall such start-up period exceed thirty (30) days.

(1) Bidding and Mileage

(a) Sleeper cab runs approved pursuant to the provisions of Article 43 will be posted and employees may bid for such runs in accor-dance with the bidding procedures set forth in the applicable Sup-plement, Rider or Addendum. No seniority employee shall be forced to drive in a sleeper cab run. A senior driver who successful-ly bids a sleeper cab run shall be permitted to select his/her respec-tive sleeper cab team partner without regard to seniority, provided that the driver selected as a partner has, prior to such bid, acknowl-edged his/her agreement, in writing, to accept such permanent sleeper cab run driving assignment and provided further that the selected partner possesses the required qualifications.

(b) There shall be no two (2) person operations on runs of less than five hundred fifty (550) outbound miles and one thousand one hun-dred (1,100) miles round trip. All bids and cover drivers will re-ceive reasonable time off at their home center. Every team driver shall be guaranteed at least forty (40) hours of pay per week.

(2) Driver Team

Once driver teams are established it is understood that they are not to be separated unless mutually agreed to by the Employer, the Local

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Article 43Union, and the driver team involved, except in case of emergency or reduction in force. Only two (2) drivers shall be permitted in sleeper cab equipment at any one (1) time except in case of emergency, an Act of God, or where a new type of equipment is put into operation.

(3) Furnished Transportation and Lodging

Comfortable, sanitary lodging shall be furnished by the Employer in all cases where an employee is required to take a rest period away from his home center. Air-conditioned hotel rooms shall be furnished. Hotel rooms shall be equipped with blinds or draperies or be suitably darkened during daylight hours. There shall be no bunk beds or double beds and both drivers shall be entitled to a room. All team driver lodging must be maintained on the basis of one (1) driver per room.

Under unusual circumstances in which the Employer is unable to furnish satisfactory lodging, the employee shall be paid fifty dollars ($50.00) for each rest period; except where accommodation is unavailable at such figure and it is necessary for the driver to pay in excess of fifty dollars ($50.00), he shall receive reimbursement of the actual cost of the room.

The Employer shall furnish transportation to and from the nearest public transportation, when there is unreasonable delay, at an away-from-home center, provided there is no public transportation avail-able in the near vicinity and provided further that this provision shall not apply where the driver is allowed to use company equip-ment for transportation.

All time waiting for motel/hotel furnished transportation and/or waiting for a sleeping room to be made available will be paid at the hourly rate of pay.

(4) Safety and Health Committee

The parties will maintain a safe and healthy working environment in sleeper operations. The parties agree to establish a committee composed of four (4) members each to review the comfort and/or

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Article 43safety aspects of sleeper berths pertaining to ride. Such committee shall meet by mutual agreement of the Co-chairmen as to time and place. The committee shall confer with appropriate representatives of equipment manufacturers and/or other experts on this subject as may be available. The intent of the committee is to identify any problems with the comfort and/or safety aspects of sleeper berths pertaining to ride that may exist, and through its deliberations with the manufacturers and/or other experts, develop ways and means to correct such situations. Any disputes will be referred to the Joint Premium Service Review Committee.

(5) Sleeper Equipment

Newly purchased equipment will meet the following specifications:

(a) Minimum interior dimensions of the sleeper berths shall be:

Length—79/80 inches; Width—36 inches; and Height—24 inches.

It is understood that a “manufacturing tolerance of error” of one inch (1”) is permissible, provided the original specifications were in conformity with the above recommended dimensions.

(b) Sleeper berths shall be equipped with individual heat and air conditioning controls and units. Automatic idle shut offs will not be activated unless required by law. If this occurs, the affected local union may on a case by case basis appeal to the chairs of the Article 43 Committee for resolution.

(c) Bunk restraint strap/net buckles on sleeper equipment shall be mounted on the entrance side of the sleeper berth.

(d) Sleeper equipment shall be equipped with a power window on the passenger’s side of the cab that is operable from the driver’s side of the cab.

(6) Subsistence Allowance

Each employee shall be allowed road expenses in the amount of thirty-five ($35.00) for each one thousand (1000) miles traveled.

(7) Delay Time

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Article 43It is the intent of the parties to make the driver whole for all justi-fied delay time, such as waiting for late loads, unscheduled on property work, accident delay or on road equipment breakdown. Any disputes will be referred to the Joint Premium Service Review Committee.

(8) Solo Driving

There shall be no solo driving permitted in sleeper cab operations, except in cases of emergency. In case of emergency where one (1) driver is used to complete a sleeper cab trip, the driver so used shall receive the full mileage rate of pay per unit mile traveled in addi-tion to all other compensation provided for herein. In cases of emergency solo driving of such length that a rest period is neces-sary, the driver, in addition, shall be provided the cost of lodging for such rest period.

(9) Layover Pay

In the event a driver is required to take a rest period during any one (1) round trip away from his home center, the driver shall be com-pensated at his regular hourly rate of pay for all hours after the first eight (8) hours of the layover.

(10) Mileage Determination

Sleeper drivers shall be paid for the scheduled miles that they drive, on a point-to-point basis over the routes driven. The method of measurement for mileage under this provision will be Microsoft Streets and Trips mapping or similar successor software.

(11) All employees entering after August 1, 2018, a job classifica-tion paid on a mileage rate, who have not yet completed a full-time progression, shall be paid a progression rate equal to the following:

Single Double TripleStart .5816 .5939 .6062Twelve (12) Months .6203 .6335 .6466Twenty-Four (24) Months .6591 .6731 .6871Thirty-Six (36) Months .6979 .7127 .7275Forty-Eight (48) Months TOP RATE

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Article 43Those drivers in progression as of the ratification of this Agreement will maintain a three (3) year progression to Top Rate as set forth in Article 43, Section 2 (11) of the 2013-2018 NMA but will be paid the applicable mileage rates as set forth above.

(12) Hourly work performed at the beginning or end of a mileage run shall be paid at the applicable hourly feeder one and one-half (1 1/2) rate of pay or the applicable premium rate of pay in the driver’s Supplemental Agreement.

(13) All tractors shall have PrePass technology installed as soon as practicable, and it shall be maintained in proper working order.

Section 3. Mileage RatesPremium Service drivers will be paid the cents per mile shown be-low for all miles driven. Sleeper teams will receive a two (2) cents per mile premium on the appropriate mileage rate and will equally divide the appropriate rate.

The mileage rates set forth below shall be effective for each of the specified contract years. The total increases for each year will result in the following mileage rates:

Single Double TripleAugust 2018 0.8442 0.8626 0.8810August 2019 0.8613 0.8800 0.8988August 2020 0.8796 0.8987 0.9179August 2021 0.9001 0.9196 0.9393August 2022 0.9229 0.9429 0.9631

Section 4. Joint Premium Service Review Committee

The Employer and the Union agree to establish a Joint Premium Service Review Committee consisting of four (4) Union represen-tatives and four (4) Employer representatives. This Committee shall meet at least quarterly or upon the call of either the Union Chair (who shall be appointed by the Union General President) or the Employer Chair.

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Article 43In the event the Employer proposes to implement either a mileage layover run or sleeper team run in accordance with the provisions of Section 1 above, the run must first be reviewed and approved by the affected Local Union(s). Such approval shall not be unreason-ably denied. After approval by the Local Union(s), the accommoda-tion shall be submitted to the Joint Premium Service

Review Committee for review. The Employer may also submit the accommodation to the Committee for review in the event approval is denied by the Local Union(s). No such accommodation shall be implemented without the approval of the Parcel & Small Package Division Director or the General President’s designee. Approval shall not be unreasonably denied.

The Committee shall also review the Employer’s compliance with the provisions of this Article and shall report and recommend im-provements or alterations in the implementation and operation of premium service and sleeper team drivers.

ARTICLE 44. OVER 70 POUND SERVICE PACKAGE HANDLING

The parties agree that the health and safety of the employees are of the utmost importance. The Employer agrees that UPS manage-ment will not insist that any unsafe action be undertaken and the Union agrees to encourage its members to cooperate in effectuating the handling, pick-up and delivery of parcels without exposing themselves to safety hazards.

Section 1. On Area Package HandlingNo employee shall be required to handle any over 70 pound pack-ages alone if it is the employee’s good faith belief that such han-dling would be a safety hazard to herself or himself. In such cases, the Employer shall provide whichever of the following is requested in good faith by the employee in handling over 70 pound packages:

1. Another bargaining unit employee for assistance, or

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Article 442. Appropriate lifting/handling devices, or

3. Another bargaining unit employee and an appropriate lifting/handling device for handling, pick-up or delivery circumstances that require both bargaining unit help and an appropriate lifting/handling device.

4. Smalls bags over 70 pounds will be handled in accordance with 1 through 3 above. When discovered in the small sort the bag will be split into two bags.

In all such instances involving package car drivers, where assis-tance from another bargaining unit employee has been requested in good faith, both employees will be full-time employees of the bar-gaining unit except that air drivers or helpers, where permitted by the applicable Supplement, may be used to assist the full-time driv-er in the delivery and/or pickup of such overweight packages. On Saturdays, air drivers may be assisted by another air driver in the delivery and/or pickup of overweight packages. A helper may be used to assist a driver in the handling of overweight packages when a helper is already on the package car in accordance with the terms of the Supplement, Rider or Addendum.

No employee will be required to solicit or accept customer assis-tance if it is the employee’s good faith belief that the customer is not qualified to help or that such assistance would be a safety haz-ard to themselves or the customer.

All new and existing employees who handle packages shall be pro-vided with periodic training in the recognition and proper handling of over 70 pound packages.

Items 1 and 2 above will also apply to automotive mechanics when handling equipment over 70 pounds.

Section 2. Package IdentificationThe Employer agrees that it will periodically instruct its customers to place at least one (1) over 70 pound label on all such packages shipped, enter the weight of the package on the label and notify the

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Article 44pick-up driver of the over 70 pound packages to be picked up. The driver shall complete and affix as many additional over 70 pound labels and/or identifying tape as is reasonably necessary to provide proper visual identification of the package for safe movement through the system. The label and tape shall be of bright contrasting colors. No package will move through the system without enough tape clearly visible from all sides identifying the package as over seventy (70) pounds.

The Employer shall contact and work with customers who do not have identifying weights on all packages. This will include incom-patible and overweight packages.

Section 3. Inside Package Handling ProceduresFor the purpose of inside handling, all over 70 pound packages shall be considered to be irregular shipments and will not be co-mingled with under 70 pound regular packages. No over 70 pound packages will be placed onto the belt, box line or slide sys-tems used for under 70 pound package operations, except as pro-vided in the Employer’s standard irregular handling practices and in accordance with safe packages handling procedures.

Where over 70 pound packages are moved by belt, box line or slide system, such packages will be handled by two (2) bargaining unit employees and/or the use of appropriate lifting/handling devices when requested in good faith by the employee.

No over 70 pound package shall be loaded below the flaps of a drop frame trailer or stacked taller than waist high.

Packages over 150 pounds shall not be picked up. However, if such a package is discovered in the UPS system, the package shall not be handled by a bargaining unit employee unless such package can be reasonably broken down into packages which do not exceed 70 pounds.

The parties recognize that it may be necessary to consider new methods and new equipment to handle over 70 pound packages. If either the Union or the Employer believes it is necessary to imple-

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Article 44ment changes in the over 70 pound handling procedures or equip-ment, including any change in labeling, or if the Employer believes it is necessary to increase the current weight limit or the current limits on package dimensions, it may request a review of such changes. The Employer shall negotiate and reach agreement with the Union before any change is implemented. Neither party shall unreasonably withhold agreement.

If the parties are unable to reach an agreement, a grievance claim-ing that agreement was unreasonably withheld may be filed by either party directly with the National Safety and Health Griev-ance Committee in accordance with the provisions of Article 18, Section 20.2.

ARTICLE 45. DURATIONSection 1.This Agreement shall be in full force and effect from August 1, 2018 to and including July 31, 2023 and shall continue from year to year thereafter unless written notice of desire to cancel or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the date of expiration.

Section 2.Where no such cancellation or termination notice is served and the parties desire to continue said Agreement but also desire to nego-tiate changes or revisions in this Agreement, either party may serve upon the other a notice at least sixty (60) days prior to July 31, 2023 or July 31st of any subsequent contract year, advising that such party desires to revise or change terms or conditions of such Agreement.

Section 3.Revisions agreed upon or ordered shall be effective as of August 1, 2018 unless otherwise specifically provided. The Employer or the National Negotiating Committee shall be permitted all legal or eco-nomic recourse to support their requests for revisions if the parties fail to agree therein.

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Article 45Section 4.In the event of an inadvertent failure by either party to give notice set forth in Sections 1 and 2 of the Article, such party may give such notice at any time prior to the termination or automatic renewal date of this Agreement. If a notice is given in accordance with the provisions of this Section, the expiration date of this Agreement shall be the sixty-first (61st) day following such notice.

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IN WITNESS WHEREOF the parties hereto have set their hands and seals this day of , 2018 to be effective as of ratification of this Agreement except as to those areas where it has been otherwise agreed between the parties:

IN WITNESS WHEREOF the undersigned do duly execute the NATIONAL MASTER UNITED PARCEL SERVICE AGREE-MENT and Supplemental Agreements, Riders and/or Addenda.

For the Employees: For the Employer:

Memorandum of UnderstandingTeamsters United Parcel Service Negotiating Committee (Union) and United Parcel Service, Inc. agree that pursuant to the last para-graph of Article 34, Section 1 (a), the maximum amount of a gener-al wage increase that will be re-allocated to a pension contribution is thirty-five cents ($0.35). The parties will not implement any real-location of GWI to pension contributions in excess of thirty-five cents ($0.35) without mutual agreement by the parties and subject to it being ratified by the affected employees.

Memorandum of UnderstandingUnited Parcel Service, Inc. (Ohio and New York Corporation) and Teamsters United Parcel Service National Negotiating Committee agree that under Article 26 the Employer may not subcontract feed-er movements to outside trucking contractors solely because it is less expensive.

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The parties further agree that this Memorandum of Understanding does not apply to the 2002 Memorandum of Understanding regard-ing the intent of Article 1, Section 4.

Memorandum of UnderstandingTeamster United Parcel Service Negotiating Committee (Union) and United Parcel Service, Inc. agree that it was their mutual intent that if a part-time employee completes his assigned duties and leaves work in less than three-and-one-half hours he shall be con-sidered to have forfeited the right to his daily three-and-one-half hour guarantee. This shall not affect an employee’s right to a mini-mum three (3) hour daily guarantee.

Memorandum of UnderstandingUnited Parcel Service, Inc. (Ohio and New York Corporation), as a demonstration of its commitment to maintaining jointly adminis-tered Teamster pension benefit plans, and to enhance the long term stability of pension coverage for its employees represented by Teamster Local Unions, agrees that for a period of five 5 years from the effective date of the National Master Agreement, it will not so-licit any signatory Local Union to change pension plans, either by proposing such change during future negotiations of the National Master Agreement or by encouraging its employees to advocate withdrawal from participation in their current pension plan.

LETTER OF AGREEMENTUnited Parcel Service, Inc. (“UPS” or “Company”) and the Team-sters UPS National Negotiating Committee (“Union”) agree that the following will apply to Article 26, Section 4 of the UPS Nation-al Master Agreement:

(1) In the event the Company’s competition eliminates its service comparable to Surepost, either nationwide or in any service area, the Company shall discontinue Surepost on the same basis.

(2) In the event any dispute referred to the chairs pursuant to Article 26 Section 4,(3) cannot be resolved, the matter shall be sub-

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ject to expedited arbitration process which will allow the griev-ance to be heard within sixty(60) days of filing. The first arbitrator, in alphabetical order, on the East Panel who is available within the sixty (60) day period, will be selected to hear the case. In the event the arbitrator finds that UPS has expanded Surepost beyond the scope of Article 26, Section 4 without first obtaining the consent of the Union, he shall have the authority to fashion a remedy based on the nature and extent of the violation, including issuing a cease and desist order requiring UPS to terminate the expanded service.

Memorandum of UnderstandingUnited Parcel Service Inc. (UPS) and the Teamsters UPS National Negotiating Committee (Union) agree to the following in connec-tion with the former Teamster-represented UPS employees who are in a retired status as of December 31, 2013 and receiving retiree medical coverage through a UPS sponsored plan:

1) Retirees in UPS sponsored plans (pre-and post-65) will have the following contribution rates:

Effective 1-1-2014:

Single-fifty dollars ($50.00)/retiree plus-one hundred dollars ($100.00)

Effective 1-1-2015:

Single-one hundred dollars ($100.00)/retiree plus-two hundred dol-lars ($200.00)

Effective 1-1-2016:

Single-one hundred and fifty ($150.00)/retiree plus-three hundred dollars ($300.00)

2) Effective January 1, 2014 all current retiree medical plans will be modified to provide an 80/20 benefit in network; 70/30 benefit out-of-network, and an annual deductible of $200/$400.

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3) This Agreement will be applied to retirees covered by the Health Care Program and formerly represented by Teamster Locals 118, 182, 294, 317, 449, 529, 264A, 687 and 693 in accordance with the Memorandum of Understanding between the parties identified in this paragraph dated October 22, 2010.

4) Nothing within this paragraph is intended to alter UPS rights with regard to the retiree plans as specified in the associated Sum-mary Plan Description.

Memorandum of UnderstandingNational Master Negotiations

The parties agree that a package car driver requesting a fan in the cab of their vehicle shall make such request through the local Safe-ty and Health Committee for approval. Any disputes over installa-tion of a fan shall be referred directly to the Co-Chairs of the Na-tional Safety and Health Committee for resolution. Such request will not unreasonably be denied.

LETTER OF AGREEMENTUnited Parcel Service Inc. (“UPS” or “Company”) and the Team-sters National UPS Negotiating Committee (Union) agree to the following in connection with the implementation of Article 34 of the 2018-2023 National Master UPS Agreement (NMA):

The hourly increase in full-time contribution for TeamCare set forth in Article 34 for 2018, 2019 and 2020 shall be forty-two cents ($0.42); forty-three cents ($0.43); and forty-five cents ($0.45), in-stead of fifty cents ($0.50) if TeamCare does not adjust its dental, life insurance and short-term disability benefits for full-time em-ployees in the C6 Plan to match these benefits in TeamCare. This adjustment shall be applied on the effective date of the NMA.

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FOR THE EMPLOYEES:

Teamsters National United Parcel Service Negotiating Committee

James P. Hoffa, Chair Denis J. Taylor, Co-Chair

Keith Biddle Tommy Blitsch Kenny Boggs Randy BrownTed Bunstine Mike ButlerLamont Byrd Randy CammackDavid Castro Steve CandlerBob Cherney Pat ConnorsPat Darrow Mark DavisonEnjoli DeGrasse Chris EltzholtzLuke Farley Kevin FoleyLeah Ford Scott FordAlan Frisbee Abel GarciaJim Gookins Duane GroveBrian Hammond George HarriganRon Herrera Rick HicksPerry Hogan Spencer HogueClay Jeffries Thor JohnsonJim Larson Trevor LawrenceGreg Lowran Dave LucasGrant Maertz Andy MarshallMichael McGaha Robert MeleRick Middleton Brett MillerDanny Montalvo Bill MorrisPete Nunez Sean O’BrienFrank Perkins Claudia PettitJay Phillips Thomas QuackenbushRob Reddix Dennis RobertsEdward Rooney Alberto RuizPaul Saliani Paul SamsonJohnny Sawyer Kevin SchmittKarla Schumann Bill ShannahanJohn Shorts Carl SnodgrassSam Stewart John Thompson

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Chris Tongay Chris TooleSteve Vairma Chris VaughnEddie Villalta Howard WellsDonnie West Chuck WhobreyGary Witlen Ellis WoodJames Wright Greg YeraceBrian Zodrow Josh Zivalich

Rank and File Notetakers:Tim Marvel Local 355Alex Moran Local 396

FOR THE EMPLOYER:

UPS NEGOTIATING COMMITTEE

Allen D. Gudim – Chair

Mark Aaron Stokes NelsonSue Davis John VeentjerDennie Gandee Mike ClaytonDan Hoyer Robert CowieLindsay Marshall Robert EansTony Coleman Dean FragaleJoey Henslee Gavin GeorgeCraig Holmes Steve HaneyEmily Johnson Melinda JohnsonMatt Hoffman Matt MuellerTim Hoy Robert PinaMatt Loughlin Steve RadiganBrian Person Frank WilliamsCharles Schmidbauer Chris LanganMarty Urquhart Steve BrennanJim Wells Mark McElreathMurray Bourque Stephen MussonEric Bringe Ryan ThibodeauMike Carnefix David AllenJim Dolan